There are circumstances where a creditor cannot claim default judgment and freeze assets. In these circumstances, the documents supporting your claim are saved or exempted from the creditor's reach. Creditors cannot bring claims against money that is from the following: supplemental security income (SSI), social security disability benefits, public assistance (welfare), revenue generated while receiving SSI or public assistance, veterans' benefits, unemployment insurance, disability benefits, pension, and retirement account payments; income over the previous 60 days, of which 90% is exempt; advantages from workers' compensation; child support; spousal child support maintenance, retirement from railroads. The statute of limitations allows a one-year time frame from the date of the judgment to ask the court to vacate a judgment based on excusable default if you received (were served) a copy of the judgment.
Lack of Personal Jurisdiction
The most common known ground for vacating a default judgment is lack of personal jurisdiction. Lack of jurisdiction means that the court does not have the authority to hear the case. Lack of personal jurisdiction occurs when the plaintiff has failed to serve the Summons to the defendant, which ultimately prevented the defendant from attending the court hearing date. New York law allows a defendant to vacate a default judgment if the defendant was served by a method other than personal delivery, did not receive notice of the Summons in time to defend the case, or has a meritorious defense to the action. More information can be found under New York CPLR Article 50 Judgments Generally Section 5015 Relief from judgment.
Other Grounds
Several grounds can be pursued when you have missed the court hearing. If the Summons was never delivered to you, for example, or if you were out of town, ill, incarcerated, or could not get off work, you may have a case to vacate the judgment against you. If you were told by someone at the courthouse or the lawyer from the opposing party that you did not have to go to court, the debt arose from an abusive situation, you were afraid to go to court, or you had some other valid reason for not answering the Summons or appearing in court, you may also have a claim to vacate the judgment against you.
If you ever receive a summons from the court for a default judgment or get sued by a collection agency, do not hesitate to contact us at info@tariqlaw.com. Our firm specializes in credit and debt litigation and has a record of winning against credit institutions. We can protect you from the illicit collection practices that tend to incur.
