EXPERT PLEASE: Iam being sued....

[Anonymous]

b#@#$rds! i hate those guys! do some research on judgment lifespan in your state as suggested. i bet it's about to expire and they are making a last ditch effort to intimidate you into paying. JDB's do it just before SOL expires ALL THE TIME.

[SmartCookie]

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secchange wrote:

yes i received a summons.

what kind of attorney do i need?

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This is what confused me... and re-reading your original post I think I understand the picture now.  It sounds like this is not a Summons but correct me if I am wrong.  I am not even sure you were ever properly served way back when...but no it does not appear now that this is renewed.  FYI, judgements are valid for 10 years in NY and are renewable for another 10.  If anything is acknowledged in writing by you, that can add another 10.

What Court was this in?

[Anonymous]

District court of suffolk county - i just found out from a friend that the judgment is about to expire and that is the sudden appeal.  I have to go to the courthouse first thing monday and ask to vacate the judgment - improper service....i havent heard from them until now

[Anonymous]

The thing is they are already going thought the process to try to garnish my pay - I know that because they sent a Information Subpoena and Restraining Notice to my job.

I cannot afford this: attorney, pay cut, etc.

[SmartCookie]

Don't jump to vacate for that reason unless you are sure that is the case (NY CPLR Article 3).  Is this civil or small claims?  Unless you are certain you can get it vacated for that reason, you might be better off trying to work out a settlement in exchange for a dismissal.  On Monday, I'd really be trying to go there for the Affidavit of Service and to speak with the clerk in person, before you file the Motion to Vacate.  Hopefully you will be able to file!  

Legal Aid Society of Suffolk County is 631-854-0401, they are located in Bay Shore.  Not sure if they will take you on but they will give you referrals.

[Minnie]

Are you sure you weren't served back in '98? If you weren't and a judgment was entered against you, that is a great argument to get it removed. I don't practice in NY, but there should be some version of an affidavit of service from the court that entered the judgment. I think another poster mentioned it....I know you can't afford it, but you really need an attorney to try and get this wage garnishment stopped and to help you defend this thing. Good luck!