Are â??Improper Serviceâ? (excuseable default or lack of jurisdiction, or both) â?? as first notice was bank restraint â?? and â??Standingâ? (no business relationship with Plaintiff) â?? as debt buyer not original creditor â?? adequate meritorious defenses to successfully vacate default judgment; are these my best-interest debt defenses and can I reasonably expect dismissal/vacate? And, is it true that if one of my defenses is successful, the plaintiff will lose and I will win? Iâ??ve taken advice of attorneys and filed my own Show Cause Order in NY Civil Court for 6 year old judgment that I was never served by Plaintiff and representative (Wolpoff & Abramson dba Platinum Financial) of assignee (Palisades Acquisition) regarding Platinum Financial. Just want to be best prepared for 8/20 court date and â??think around corners!â??. Thank you, and Iâ??ll keep you apprised of my successes.
I'm not a lawyer, but I'll take a shot... Improper service should be sufficient to have the judgment vacated. That's only half the battle, though. If the debt is actually yours, getting the judgment vacated simply re-starts the legal action. You'll be served with the complaint, and have to respond and show in court that you don't owe the debt. You can probably beat it, though. Palisades is notorious for buying junk debts and is unlikely to have enough documentation to prove that you really owe the debt.
TeeVeeDude â?? Thank you for your prompt response; that confirms everything Iâ??ve been told! Brian Bromberg â?? the best NACA-referred consumer advocate in New York (who suggested filing this myself) â?? thought it illegal that W&A (dba Platinum Financial Services) as PLAINTIFF issued Restraint while Cohen & Slamowitz is attorney of record. He further counseled another telephone conversation with Plaintiff that he wanted me to tape and which Iâ??m uncomfortable doing. Anyway, Court Clerks said it could have been missed, or Cohen & Slamowitz may have transferred it back to W&A. Can anyone else suggest how can I get definitive ruling prior to preparing appropriate defense, when even Mr. Bromberg is uncertain? In any case, I searched all my financial records back to 1985 and am still unfamiliar with this â??debtâ?. EP
Pretty much all of it. Have you read your court rules and decisions? It is often difficult to get judgments undone if you wait more than a year, even if you are otherwise correct. So it might be good to get a lawyer.
