You can sue, but from the sounds of it would have a very hard time proving damages. You might be able to do so, if you can show that you were denied a loan because the the judgment or because they seized some of your assets prior to the judgment being vacated.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
You would have had a better chance by seeking costs when you moved to vacate the default judgment.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Sue them for what? If for attorney fees, you are unlikely to get them at this point, and most likely, would not be able to get them at any point absent a contract or sanctions for a frivolous lawsuit.
If you credit is fine, what are your damages? If it is the negative credit reporting you are worried about, send the order vacating the judgment to the reporting agencies. If they do not remove the derogatory entries, you have options under the fair credit reporting act.
No you cannot sue the creditor unless you can prove damages. If you cannot prove that you were actually damaged in someway like being denied a mortgage or something else, then you do not have any recourse to sue.
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