QUESTION

How to file an answer to a summons

Asked on Aug 28th, 2013 on Civil Litigation - New York
More details to this question:
My wife as a judgement against her for giving a van back over 10 years ago. The van was a lemon and now money is being taking out of he wages.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If your wife aready has a judgment against her, it is way too late to simply answer a summons and complaint. The summons and complaint is the first step in a legal action in NY, where the plaintiff notifies the defendant that a lawsuit has been started against her.  Generally, the defendant responds to the summons and complaint, and the parties proceed through the stages of the lawsuit until, either by trial or on motion, a judgment is rendered in favor of one party or the other.  This judgment can be appealed, but there is a limited time to do so.  It is rare for a judgment to be reversed on appeal, and extremely rare, and would require something extraordinary, for a judgement to be overturned later.   If the defendant never responds to the summons and complaint, a judgment can be entered against them on default.  If that is what happened to your wife, she would have to make a motion to vacate the judgment, and the only basis which has a chance of succeeding would be that she was never served with the summons and complaint in the first place, or she had insufficient contacts with the jurisdiction for the Court to have jurisdiction over her.  If she was a resident of NY served with the summons and complaint in a NY action, and simply never responded, there is probably very little that can be done.
Answered on Aug 28th, 2013 at 12:51 PM

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