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How do I get a default judgment against me excused from a judge in a state where I don't live?

New York, NY |

I live in California, but a notoriously bad company (poor BBB ratings and class action suits against it) won a default judgement against me in NY. I never received a summons or anything. I only found out after checking my credit report like I do every year. I was promised an item if I signed up for a service. I never received the item and the company still wanted me to pay for the service. Another company involved had agreed to stop their contract with me after finding out I never received the promised item that lured me into the contract in the first place. But, this one wouldn't and kept trying to charge me.

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Attorney answers 3


You'll need to file a motion to vacate the default and prove 1) a reasonable excuse for the default and 2) a meritorious defense in the underlying action.

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Besides moving to vacate the judgment you can object to the credit report listing if it is not accurate.

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I agree with the prior commentators, first try to get this item off your credit report by disputing it with the credit reporting agencies.

After you begin disputing the claim, contact an attorney in NY to represent you getting the lawsuit vacated. If you were not served with papers when the suit was filed, it is very likely that you will be able to get the default judgment overturned, but that is a much more time consuming and costly process than disputing the item on your credit report.

The attorney you contact will be better able to explain the pros and cons of getting a default judgment over turned.