Los Angeles, CA asked in Consumer Law, Foreclosure, Civil Litigation and Collections for New York

Q: Can a default judgment be enforced, if the defendant was never served, the complaint was filed in another county?

The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have available. Also, complaint was filed with clerk in Nassau county, and as of today, still has not been acknowledged in Rockland County where I, and my former business are located.

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • Foreclosure Defense Lawyer
  • New York, NY
  • Licensed in New York

A: 1. Different counsel? Not relevant. Happens all the time.

2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.

3. Recourse? Make motion in court that entered judgment to vacate on improper service.

4. A judgment from a New York State court can be enforced statewide. A restraining notice from a lawyer is not the same as the jurisdiction of the Sheriff.

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