How do I contest a judgment?
In New York, Collection Defense Law is used to protect people from debt collectors who attempt to collect debts unlawfully. If a debt collector has obtained a judgment against you, you may challenge the judgment in court. In order to contest a judgment, you must file a document called an “Answer” in the court where the judgment was entered. The answer must state the grounds upon which you are contesting the judgment and must be filed within 30 days of the judgment being entered. Additionally, you should also file an Affidavit of Service showing that you served the debt collector with a copy of your answer. If you have evidence to support your defense, you should bring it to court. You may also bring witnesses or other evidence to support your legal arguments. In New York, debt collection judgments can be defended by proving that the debt is time-barred, meaning that the statute of limitations has expired or that the debt has been paid in full. At the court hearing, the judge will hear and consider the evidence presented by both sides. If the court finds that your defense is valid, the court will rescind the judgment. If the court finds that your defense is not valid, the judgment will stand. It is important to understand all of your legal rights when contesting a judgment in order to protect your interests.
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