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How can I stop a restraining notice, garnishment, or wage execution? By Brooklyn, NYC Attorney
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domingo, 20 de mayo de 2012, 6:28 AM
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I am a Brooklyn, New York City attorney that specializes in vacating judgments by a Order to Show Cause for those people that have had their bank accounts restrained and money in those accounts garnished and for those individuals that have had a income execution issued against them.
In order for an entity to get a judgment against you, you are required by law to get Notice and Opportunity to be Heard . This is generally done by you being served
Most people find out about a judgment when either they realize their bank account has been frozen or when their employer receives a Court Order enforcing a wage execution. When you discover this, the first step should be for you to call a lawyer like myself. What I would do under these circumstances is I will run to court and pull your file. I will then look at the affidavit of service in the file (there has to be one in the file, otherwise the Court would not have allowed the judgment to go through) and scrutinize it for any possible legal defenses.
There are many ways to vacate a judgment but I will talk about the Courts power to do so under CPLR 5015. Under this section, one of the ways you can vacate a judgment is you have a reasonable excuse for your failure to appear and a meritorious defense. Insofar as a meritorious defense is concerned, the affidavit of service will tell me how the person that has sued you, the Plaintiff, claims that you, the Defendant, were served. If you were not served at all or service was done improperly you have a meritorious defense.
Most likely the affidavit o service will say that you were served by virtue of the Plaintiffs delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served. The affidavit of service may also say that you were served by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served. This type of service can only be done where personal service or substituted service cannot be made after due diligence.
If you can prove that you were not served at all, the court can, even without a showing of a meritorious defense, vacate the judgment against you and if more than 120 days have elapsed since the index number was purchased, dismiss the complaint against you. If the statute of limitations to sue you has passed then, you cannot be sued again. In the papers, I always include a meritorious defense just in case the court is not inclined to dismissal. A meritorious defense should be very detailed but should always start with you denying the existence of the debt claimed as owed.
If you want to vacate a judgment against you, call my office. I can get your paperwork done within 24 hours or less if necessary.
Contact me, for a free consultation if you have a judgment against you. I am here to serve you. Fight to win!
Please be advised that this is Attorney Advertising. This Advertisement is designed for general information only. The information presented in this Ad should not be construed to be neither formal legal advice nor the formation of a lawyer/client relationship. Prior results do not guarantee a similar outcome.
Evening and Weekend appointments available.
Flexible payment plans.
ALL MAJOR CREDIT CARDS ACCEPTED!
George M. Gilmer, Esq.
26 Court Street, Suite 314
Brooklyn, New York 11242 (for Divorce, Family Law, Civil Litigation, Appeals, Landlord-Tenant, Special Education Law, Bankruptcy, Immigration and Criminal Law cases)
718 864 2011
212 656 1788 (efax)
NEW 26 COURT STREET OFFICE NOW OPEN!!
Please Visit
EMAIL:
Georgethelawyer
georgethelawyer@aol.com
To View my Website, click here
Brooklyn Immigration Attorney
NEW 26 COURT STREET BROOKLYN OFFICE NOW OPEN!!
George M. Gilmer, Esq. has made over one thousand Court appearances since being admitted to practice law (including arguing before the United States Court of Appeals). He is admitted in New York State, the Eastern and Southern Districts of New York (Federal Court) and the United States Court of Appeals, 2nd Circuit.
He has vast experience in vacating judgment cases. Put his experience to work for you!
http://www.gilmerlegal.com
In order for an entity to get a judgment against you, you are required by law to get Notice and Opportunity to be Heard . This is generally done by you being served
Most people find out about a judgment when either they realize their bank account has been frozen or when their employer receives a Court Order enforcing a wage execution. When you discover this, the first step should be for you to call a lawyer like myself. What I would do under these circumstances is I will run to court and pull your file. I will then look at the affidavit of service in the file (there has to be one in the file, otherwise the Court would not have allowed the judgment to go through) and scrutinize it for any possible legal defenses.
There are many ways to vacate a judgment but I will talk about the Courts power to do so under CPLR 5015. Under this section, one of the ways you can vacate a judgment is you have a reasonable excuse for your failure to appear and a meritorious defense. Insofar as a meritorious defense is concerned, the affidavit of service will tell me how the person that has sued you, the Plaintiff, claims that you, the Defendant, were served. If you were not served at all or service was done improperly you have a meritorious defense.
Most likely the affidavit o service will say that you were served by virtue of the Plaintiffs delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served. The affidavit of service may also say that you were served by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served. This type of service can only be done where personal service or substituted service cannot be made after due diligence.
If you can prove that you were not served at all, the court can, even without a showing of a meritorious defense, vacate the judgment against you and if more than 120 days have elapsed since the index number was purchased, dismiss the complaint against you. If the statute of limitations to sue you has passed then, you cannot be sued again. In the papers, I always include a meritorious defense just in case the court is not inclined to dismissal. A meritorious defense should be very detailed but should always start with you denying the existence of the debt claimed as owed.
If you want to vacate a judgment against you, call my office. I can get your paperwork done within 24 hours or less if necessary.
Contact me, for a free consultation if you have a judgment against you. I am here to serve you. Fight to win!
Please be advised that this is Attorney Advertising. This Advertisement is designed for general information only. The information presented in this Ad should not be construed to be neither formal legal advice nor the formation of a lawyer/client relationship. Prior results do not guarantee a similar outcome.
Evening and Weekend appointments available.
Flexible payment plans.
ALL MAJOR CREDIT CARDS ACCEPTED!
George M. Gilmer, Esq.
26 Court Street, Suite 314
Brooklyn, New York 11242 (for Divorce, Family Law, Civil Litigation, Appeals, Landlord-Tenant, Special Education Law, Bankruptcy, Immigration and Criminal Law cases)
718 864 2011
212 656 1788 (efax)
NEW 26 COURT STREET OFFICE NOW OPEN!!
Please Visit
EMAIL:
Georgethelawyer
georgethelawyer@aol.com
To View my Website, click here
Brooklyn Immigration Attorney
NEW 26 COURT STREET BROOKLYN OFFICE NOW OPEN!!
George M. Gilmer, Esq. has made over one thousand Court appearances since being admitted to practice law (including arguing before the United States Court of Appeals). He is admitted in New York State, the Eastern and Southern Districts of New York (Federal Court) and the United States Court of Appeals, 2nd Circuit.
He has vast experience in vacating judgment cases. Put his experience to work for you!
http://www.gilmerlegal.com
• Ubicación:
Brooklyn, ALL NYC
• Identificación de la publicación: 16369148 clasificadosnewyork
