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Vacating a default judgment
Vacating a Default Judgment
Default judgments are taken against people every day. The most common manner in which they’re taken is when a person is sued, and they either fail to file appropriate responsive papers on time or otherwise fail to appear in court. Sometimes they’re properly served with a summons and complaint, and at other times they’re not.
Sewer Service
The law mandates that you be given notice reasonably calculated to apprise you of the pendency of an action against you. That’s called notice. In nearly all cases, New York requires that you be properly served with a summons and complaint. The summons tells you when you’re to be in court, and the complaint details the allegations against you. Quite often though, people aren’t served with anything, and they later learn that a judgment has been taken against them. A private process server signs an affidavit of service saying they were served, and that’s it. They’re not there when the court date comes up, the judge sees the executed affidavit of service, and judgment is entered. That’s called sewer service. The process server never served anybody, and instead, he threw the papers in the sewer and then signed the affidavit saying they were served.
Notice of Default Judgment
After a default judgment is entered against them through sewer service, many people learn about it the hard way. A wage garnishment might be ordered. A bank account might get frozen. You might even be held in contempt of court on a case that you never even knew about. These are ways that many people first learn about a judgment being entered against them. Upon learning of a judgment, don’t sleep on your rights. Act on it right away and call our offices.
Vacating the Default Judgment
Judges routinely enter default judgments, and in the interests of justice, fairness, and allowing you to have your day in court, they routinely vacate or reverse default judgments too. Some judgments might be more difficult to vacate than others though. Some other judgments might be impossible to vacate, depending on how and when they were entered. Your attorney will prepare what is known as an order to show cause along with an affidavit to be executed by you stating you have legal defenses to both the default and the case against you. A court date is set for hearing on the matter, and appropriate documents are properly served on the attorney who took the judgment against you. It’s recommended that this time you appear in court with your attorney for the hearing, and in all likelihood, the judgment against you will be vacated. You’ll want to get certified copies of the order vacating the judgment to provide your employer or bank with in case your wages were garnished or your bank account was frozen.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
After Judgment is Vacated
If and when the judgment against you is vacated, that doesn’t mean that the case is over and you walk away. The attorney for the alleged creditor will probably still pursue you for the amount they claim is owed. Assuming the debt or part of it is valid, you’ll be in a much better negotiating position after the judgment is vacated. Most collection attorneys and their clients are amenable to entering an order for an installment payment plan or even compromising the debt in return for an installment payment plan. Of course, if you believe that no sums are due, you’ll have every right to a trial after vacating the judgment. The danger of that though is that another new judgment might be entered against you in the same case, but this time, you won’t be able to vacate the judgment. The attorney for the creditor might not now want to compromise. He or she might not agree to an installment payment plan either.
Retaining us as your attorneys for the job is part of the process in asking a court to vacate a default judgment that was entered against you. We’ll also give you the best possible chance of a settlement on the debt or a successful trial on the amount you were sued for. If a default judgment has been entered against you, call us as soon as you learn about it. There’s a good chance that we can get it vacated for you.
