A creditor got a judgment against my property for court action they had with my son who has no ownership in my property

Asked almost 2 years ago - Jamaica, NY

Metro Portfolioseceived judgment of $10k against my property when I never owed anything to their client. How do I get this corrected. Incidentally judgment was subesequently vacated and the case was discontinued in Novemeber 2009

Attorney answers (4)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . They should vacate the judgment with respect to the property. I assume that filed either a lis pendens or a lien against the property. Bring all the paperwork the judgment, summons and complaint, motion to vacate and the order to vacate and dismiss the case, and the judgment against the property to an attorney to review.

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  2. Jeffrey Bruce Gold

    Contributor Level 19

    5

    Lawyers agree

    Answered . They should vacate any and all judgments and notices of pendencies, but unless they are very sophisticated with the debt collection process, they won't and you're going to have to hire an attorney.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  3. Michael T Millar

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . They cannot lien a property that the debtor does not own.

    Take the paperwork to an attorney ASAP to have the judgment removed.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  4. Robert Bruce Kopelson

    Contributor Level 20

    2

    Lawyers agree

    Answered . Dont know NY law, but here if someone has placed a lien on your property and they dont have a proper reason, they can be sued. You should talk to a local atty there about threatening them with suit if they dont take proper steps to remove the lien.

    Here, a judgment creditor can record an abtract of judgment in any county which becomes a lien on the debtors property. It only attaches to a specific proerty when the creditor attempts to force a sale. Sometimes there are other property owners with the same name as the judgment debtor and when they try to sell or refi their property, the title co finds the lien. The title co then tries to confirm with the creditor whether the debtor is that person or someone else. Does your son have the same name as you?

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