Tucson, AZ asked in Criminal Law for New York

Q: I have a judgement against me personally. The opposing attorney in his restraining notice, falsified the accounts naming

About 20 of my business accounts and freezing one. Is this a criminal offense? I think it meets the definition of fraud and falsifying documents which is a criminal offense not. civil one. Am i correct??

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1 Lawyer Answer

Aubrey Claudius Galloway

Answered
  • Criminal Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: Was the judgment entered on the merits or on default? Your question is impossible to answer without knowing that. Henning said the same, if the judgment was injured on the merit you must have filed a notice of appeal within 30 days or you cannot appeal the decision is final. This concept is called Finality of judgments.

If, however, the judgment was entered on default, you may vacate it via a “traverse hearing” so long as the two prong test is met. Namely, if you can you show (1.) “a reasonable excuse for the default” and (2.) “a meritorious defense to the underlying action”.

Meaning, if you did not show up and an inquest was held, where the opposing party only had to establish a prima fascia case, you have a good chance of getting it overturned; regardless of whether or not a notice of appeal was filed.

I would suggest, for the purpose of making a motion or an Order to show cause and going to Italy argue the same for this relief, hiring an attorney that does these things all the time, like our office for example, IS A HUGE ADVANTAGE.

If the judgment was on default, I handle traverse hearings quite frequently and can likely vacate the judgment for $750/flat. The reason the price is so cheap is because these are always heard first time on so I can predict that it’s not going to take me more than three hours of work, and I bill at $250 an hour… In fact we will do a traverse hearing for you for $720

Yours,

Aubrey C. Galloway III, Esq,

646-905-6268

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