Debt Collection Lawsuit Defense
Vacating Default Judgments
What is a Default Judgment?
What Can I Do if there is a Default Judgment Against Me?
How Can I Vacate a Default Judgment?
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What is a Default Judgment?
If a creditor or debt purchaser is owed money for long enough and they believe it is you who or your company that owes it to them, sooner or later they may file a lawsuit against you to try to collect what they feel is owed. A judgment is a decision or ruling made by a court of law which states the outcome of a lawsuit. The result can mean many things, but for the services our debt lawyers offer, we’ll strictly be speaking about money judgments that may have been entered against you, with or without your knowledge.
If sued, you will typically be notified in writing by receiving a summons and complaint.
- The summons being the court notification that you are being sued
- The complaint being the details concerning why you are being sued
An answer needs to be filed with the court and a copy sent copy to the plaintiff’s attorney. If you or your business does not file a written answer with the court in response to the summons and complaint received then you are forfeiting your case!!! This leads to a judgment being entered against you by default also known as a default judgment.
The time frame to answer the summons and complaint is different for each state. In the state of New York where our Law Firm’s headquarters resides, depending on how you received the summons and complaint you have 20 to 30 days to submit an answer to the court as follows.
- 20 days to answer if you were personally served notification of the lawsuit.
- 30 days to answer if you received the notification by impersonal service.
- 35 days in New Jersey no matter how you were served and your state will have its own laws regarding proper service.
Never Let a Summons and Complaint Go Unanswered!
The only excuse for not answering a lawsuit is never receiving a copy of the summons and complaint to even know about the lawsuit! If a creditor or debt collector has sued you or your business and you did not know even know about it, then the chances are a default judgment probably has been entered against you since you didn’t have an opportunity to submit an answer. Default judgments often occur as a result of Improper Service or Substitute Service of the summons and complaint. This is when the collection attorney or their process server claims to have served a summons and complaint that either was merely was not served at all, was not served promptly, or was served to a substitute party.
Serving to a substitute party is when a process server does not serve a consumer directly but instead leaves a copy of the summons and complaint either at your place of business, at your residence with a roommate, relative, or another responsible party of suitable age and mails another copy to your last known address. Substitute service has more strict conditions that process servers are supposed to adhere to as opposed than with personal service but unfortunately, there are many times in which they do not do so.
Common Examples of Improper Service
- Sending the Summons and Complaint to you by mail only.
- Leaving the Summons and Complaint with your neighbor, who lives in a different apartment.
- Sending the Summons and Complaint to an old address where you no longer live.
- Throwing the Summons and Complaint on the floor in the lobby of your apartment building.
- Leaving the Summons and Complaint in your yard.
If You Were Improperly Served, Our Debt Lawyers could Help Vacate the Default Judgment!
To vacate or remove a default judgment for you, we need to be able to prove there was improper service and we need to have a defense with merit. Not being served is not reason enough to vacate a default judgment. We need to not only prove you didn’t get served but also state our argument as to why the judgment would not have been entered if you were able to defend yourself had you received the summons and complaint correctly in the first place. It needs to be a valid defense. Not being able to pay due to financial hardship is not a legal defense for not paying. The court’s role is not there to decide if you can afford to pay or not but instead if you legally are responsible for paying or not.
We Fight for Your Rights
By fighting to vacate the default judgment and force the collection attorney to start the case all over again, thus allowing ample time for us to defend, postpone, arrange payments, settle for less, or even help file for bankruptcy. The key is having the proper legal defense counsel on your side that can help with any aspect of the case, not just one.
Instead of letting your creditor take advantage of you and seize your assets or garnish your salary only to apply the amount taken towards the balance owed on a dollar for dollar basis, we can negotiate a settlement with the creditor or collector for less than the judgment amount owed and have the amount paid considered full payment thereby unfreezing your assets and saving you thousands in the process. The longer you wait, the more likely the creditor will be to go from FREEZE to SEIZE!!! Don’t delay…call for a FREE CONSULTATION today!!!
At Dramer Law, our debt lawyers can help vacate default judgments against you by either litigating, negotiating for affordable payment arrangements for you or even better by settling for less than the amount that is owed, potentially saving you thousands! If there is no room in your current or monthly budget for payments or settling, then another service we can help to remove the lien with is to file for bankruptcy if you qualify. One way or another we will be able to help!
What can a judgment Creditor Do To Collect?
If one or more default judgments have been entered against you as a result of either an unpaid debt, forgotten debts, or even issues relating to identity theft, then your assets may be at risk. This judgment gives the creditor or collector the ability to collect in ways not available to a creditor without a judgment by granting the judgment creditor the ability to put a levy on your bank account, a lien on your home, or even to garnish your wages. You can find out more about each of those remedies available to your collectors by clicking on the one you’d like to know more about.
If there is a judgment against you, your judgment creditor can freeze your bank account without any further notice to you.
Click Here to Learn More About Bank Levies
If there is a judgment against you, your judgment creditor can put a lien on your assets without any further notice to you.
Click Here to Learn More About Property Liens
If there is a judgment against you, your judgment creditor can garnish your salary without any further notice to you.
Click Here to Learn More About Wage Garnishments
Do Not let These Remedies Happen to You Without Putting up a Fight
If you have been sued do not ignore it or avoid the issue thinking it will go away. THIS WILL NOT GO AWAY! When ignored these situations get worse. You need to deal with the lawsuit as soon as possible. You will not be able to defend yourself properly without the knowledge of the court process and lawsuits and trying to do so would be a great injustice to yourself. A debt lawyer will be able to assist you and bring a great deal of experience and knowledge to the table. If your business was sued you will not even be able to defend yourself as the judge will force you to hire an attorney so stop wasting time now and call us!
How Dramer Law Handles Our Debt Relief Cases
Read More by Expanding the Below:
Free Consultation, Fact Finding, & Financial Analysis
When you call our firm, we will want to know how and when your financial hardship began as well as what the current status is, to get a better understanding of what you are experiencing. Our staff is trained to ask the right questions to make sure that no stone in your financial picture goes unturned. Any representative that will speak with you will have a minimum of 10 years experience
We analyze your current financial situation including your assets and liabilities as well as your current cash flow, allowing us to narrow down our services more specific to what you can afford. This step is critical in any of our processes as we ensure that whatever service we recommend will be within your budget and therefore you’re more likely to succeed.
Full Disclosure, Recommendation, & Customization
There are multiple options for each problem we encounter so based on your analysis; we will then tailor fit the best option to the individual needs of your budget. We will explain in great detail all aspects of each process including the risks & fees – not just how much money you can save. Nothing will be hidden from you as we are a full disclosure law firm.
Our Relief Specialists are NOT Paid a Commission so there will be no sales pressure at our law firm. There is no obligation to retain our services. You will be given all the facts you need, and then you will be given plenty of time to think things over. Debt relief is an important decision, and we won’t rush you! We have worked hard over the years to earn the reputation we have by giving honest advice to those in need rather than the advice that benefits our bottom line!
Limited Power of Attorney & Authorization to Communicate
Lenders are Sent Notice of our Representation
Once retained, we immediately send a copy of our Limited Power of Attorney to your creditors, debt-collectors, or attorneys. Sending notice of representation is the first step in curbing any creditor or collector calls you may be receiving. We do not want you to be harassed – we’ll take over the calls for you.
The Fair Debt Collection Practices Act (FDCPA)
Once any third party servicer, debt collector, debt purchaser, collection attorney, foreclosure attorney, etc. receive our Limited Power of Attorney, they are obligated to contact us directly on your behalf. Failure to do so is a violation of the FDCPA, and we will sue them for you. There is no fee charged to you if we do not win your case, and if we do win, you can win up to $1,000 per violation, and the collector in violation will pay our attorney fees for you. It’s basically free money!
We Get the Job Done!
We are Incentivized to Perform
Our mortgage negotiation services are offered a fee structure as such that you pay part of the fee when retaining our firm and part of the fee only if we’re successful. The success fee helps ensure we are incentivized, so you’ll know we have your best interests in mind. We don’t benefit from getting you to hire our law firm, but instead, we benefit when we get the job done for you. You pay for our performance – and that’s what we do – we perform! We never agree to anything without first consulting with you and getting your approval. It is your debt and your money, so you have the final say in all of our negotiations
We Work Efficiently & Quickly
The combination of our experience, well-trained representatives, long hours, and state of the art software, allow us to accomplish more in any given day than most other firms only dream about. This can be said for ANY service we offer from negotiations to litigation to bankruptcy. We work quickly on your behalf as the longer you delay with a deed in lieu of foreclosure, the more fees your lender will charge. We will be in touch with you throughout the process to keep you informed and are available when you need us.
Are you looking for professional advice?
Let Us Help You!
At The Law Offices of Kenneth H Dramer PC, before we make any recommendations, our debt lawyers, certified debt relief specialists, and paralegals are trained to ask the right questions to find out about your specific situation. Based on your current income and your financial hardship, we will determine which course of action will work best for you. We do not only offer one path, as no one process can solve everyone’s needs. We will take our time with you and help evaluate what your best course of action should be. CALL NOW FOR A FREE CONSULTATION and one of our advisors will be there to get you started on your path to financial freedom. There is no obligation to enroll, so don’t delay.
One way or another, we can help!
Why Choose Dramer Law for Your Debt Relief Needs?
Debt is Our Specialty
Other companies and law firms offer debt relief – we specialize in it! We do not offer any services that aren’t strictly related with clients that are struggling financially so our clients have unique needs, compared to those of other law firms, that we can cater to. We offer all debt relief options and we service our clients like family. You should never settle for less when trying to settle for less!
Since our clients don’t have tons of money to spare like attorneys that practice in other areas of law, we charge low fees making our services affordable for anyone that needs help. Unless your case involves one of our attorneys having to go to court, our negotiation service fees are flat fee based not charged hourly.
One on One Client Service
All of our client relationships are One on One. You’ll have one individual client service representative that will be your point of contact and you’ll build a relationship with them so they’ll know exactly what you are going through. Aside from treating you with the upmost care possible, this means you won’t have to deal with multiple people and re-explain your situation to a different person each time you call. This saves time for you and eliminates any extra stress for you as time is money and being stress free is just as important as being debt free!
Client Service Response Time
All of our attorneys, paralegals, and negotiators are dedicated to providing the best possible experience, while achieving results. We are available long hours but should we happen to be unavailable for any reason we pride ourselves on returning calls and emails right away, not several days later like most attorneys.
Many companies do nothing for the high fees they charge. We have heard many horror stories. These companies aren’t proactive, they put no effort into negotiations, they don’t even return your calls let alone calls from collectors! These actions cause collectors to seek other measures to collect, often meaning lawsuits. We typically work repeatedly with the same companies and are known for resolving accounts so therefore have a great reputation with industry lenders and collectors. This benefits you when we contact these companies on your behalf, they know the accounts will get resolved and therefore we are usually able to avoid legal action!
Many times, when we successfully get our clients out of debt, they still need assistance with other areas of their financial life. We offer many different services for those struggling with debts including Business Debt Relief, Mortgage Relief, Tax Relief, & Student Loan Relief. When Debt is the Problem – We Have the Answers!
The court proceedings were annulled, and agreeable working terms were consolidated with my creditors
I wouldn’t go anywhere else.
Very sharp and on point. Their price is very reasonable.
“Like most people bankruptcy never crossed our mind. My husband and I owed a lot of debt due to closing of our business, but we still tried to payoff debtors little by little. Until we got hit with a summons from the court ( for over 100K lawsuit). We research all over the internet and called many law firms and layers. Many of them ask what we want to do?.. We wouldn’t of call if we know what to do. And some offered hardship /debt relief or settle your debt for less.. no matter what you call it at the end you still have to pay the creditors, the debts collectors and the lawyer. In our case there is no way we can payoff everything. Many random phones calls later, we were fortunate to come acrossed Mike, he has explained to us bankruptcy doesn’t mean we will lose our house or car. As couple we are able keep certain amount of assets. We were also worried about our credit score, the bankruptcy record will stay in your record for 7 years ( our score were poor anyway). There aren’t that many reviews on the internet about them and like most people we’re not sure if we can trust them. Give Mike a call and a chance, his very sharp and on the point. Their price is very reasonable. Bankruptcy was the best choice we made and the cheapest way out. Now half year later we are debt free, no need to worry from phone calls from debts collectors. Get to keep our house and car, even our credit score went up. Don’t understand why we didn’t do it sooner I guess we were like a lot others going day by day try to be nice by paying off little by little. Thanks!” JC, Queens, NY. 7-7-2017
They were extremely professional and made the process easy
“The Law Offices of Kenneth H. Dramer P.C Attorneys at Law were efficient in handling by bankruptcy case. They were extremely professional and made the process easy! I highly recommend them.” – Jamie M. Seaford, NY 5-30-2017
They're highly recommended
It has been an absolute pleasure working with you
“I just wanted you to know it has been an absolute pleasure working with you. You never made me feel harried, pressured or overly anxious about paying off my bills. I wish everyone would be like that. Thank you again & i hope you don’t mind if i touch base with you the future, just to give you updates on how things are going. Be well.” Mary R. Bayshore, NY 4-30-2018
I would highly recommend Dramer Law for your debt settlement needs
“I would highly recommend Dramer Law for your debt settlement needs. A few years ago my husband and I had accrued entirely too much debt and no matter how hard we worked or how much we tried, we were unable to keep up with our bills and making the minimum payments was getting us nowhere. The best decision we could have made was to begin the debt settlement process. Most of the debt was in my name so I contacted Dramer Law . I have been extremely pleased with the efficient, attentive, reliable service provided by Michael Sininsky. I was initially hesitant to enter into any debt settlement program but now, without hesitation, I will say it was the best decision I could have made . From the initial consultation and throughout the entire process ,Michael patiently and fully explained everything. Any questions I had were addressed rapidly and any messages I left were returned promptly. I/we started out with $87,555.84 total debt and ended up paying back $26,020.71. That’s a savings of $61, 000.500 , or a 70% discount off our balances. I’m so happy we decided to go with Dramer Law and cannot thank Michael enough for all his hard work and professionalism. Any fees paid to Dramer Law were very fair and minimal compared to what I was paying to the credit card companies each month. Being debt free is such a relief- now we can move forward and put our money toward our kids college educations and save for our future.I am happy to recommend them and am so glad I contacted them a few years ago. Sincerely, Susan M.” Commack, NY 3-27-2018
We would highly recommend their services for debt reduction and settlement rate negotiations
Your promptness, efficiency, and trustworthiness have always been beyond my imagination.
“Thank you very much. Your promptness, efficiency, and trustworthiness have always been beyond my imagination. Perhaps I will be like that one day (in another life).” Peter L Valley Stream, NY 3-2-17
Thanks for being so helpful
Not only did you get me out of debt but you gave me a freedom that can’t be described.
Thank you so much for your help. I’ve said it once, and I’ll say it again – you are greatly appreciated!!
“When I initially called, I spoke to Mike. I want to say, he immediately put my mind at ease. He explained your retainer fee; that costs for filing papers; phone calls, and other incidentals, would be deducted from that fee and, if any fees were due at the end of the process, I would be liable for those additional fees. Mike was able to work with me, keep me calm and focused, and I have gone from being in foreclosure to NOT being in foreclosure!! I’m so relieved. Mike spent time communicating with me either by e-mail or phone. He kept me up-to-date about the process of this whole mess I got myself into and he was truly a comfort to me these past few months. I hope other staff in your office are as efficient and compassionate as Mike is. He’s truly an asset to your business. Mike – Thank you so much for your help. I’ve said it once, and I’ll say it again – you are greatly appreciated!!” – Susan F. Copaigue, NY. 6-13-16
I was very pleased…
I am very grateful….highly recommended
Very extremely effective in working with me to reduce my consumer debt
Excellent, excellent service. Highly recommended.
Please accept our gratitude for all your help
I’m very happy
“I think you and the company basically do a good job and I appreciate it. As I mentioned before the only thing is I’m interested to see when the payments I’ve made start showing up on my credit report as it’s still very low. Overall, though, I’m very happy.” Mike S. Baldwin, NY 8-3-15
I would highly recommend this firm to anyone going through financial difficulty and need good advice.
“I was so happy to have been represented by the law firm of Kenneth H. Dramer. They were so helpful at a very difficult financial time in my life. They advised me every step of the way through the difficult process of bankruptcy. If I had any questions or concerns they would answer any questions very quickly and patiently. I would highly recommend this firm to anyone going through financial difficulty and need good advise. ” Lillian L. Queens, NY 7-20-2015
I thank the company and Michael for giving me peace of mind at this point
Thank your law firm for helping us get out of debt and back on track
“To Whom It May Concern , We would like to thank Michael Sininsky and your law firm for helping us get out of debt and back on track . Michael was always professional and courteous as well as efficient . Any email or phone call was returned immediately with answers to each question or concern we had . We would like to say Michael Sininsky is an asset to your company . We were thankful that he had our account . Sincerely , Robert & Michele A. Whitestone, NY 5-25-2015”
I would like to express my gratitude
Thank you from the bottom of our hearts for all of your efforts in getting us through this!
“Dramer handled my case very professional. They were patient and very helpful with my case. Recommended!” Alex M. Floral Park, NY 12-24-14
Resolved a 15 year matter in 2 weeks unfroze our accounts and saved us more than we could of imagined
“I would like to open by saying how grateful I am to Michael Sininsky for helping me with my legal problem. I was beside myself when I spend a hit letter from an attorney who.informed me that I was in debt for a very large amount of money that was owed 15 years ago I thought the matter had been resolved through my divorce, but to.my dismay it wasn’t and had accrued an astronomical amount of late payments and finance charges, they froze our bank accounts , but through the expertise of Mr.Sininsky he resolved a 15 year matter in 2 weeks unfroze our accounts and saved us more than we could of imagined I recommend the Dramer Law firm highly and lifted a great deal of stress for us. sincerely Mr & Mrs. Vogel”, NY 12-15-14
We are so pleased with the results.I know we could not have been successful without their help
Getting Started is Easy…
Call Now for Your Free Consultation
Call today for your free consultation with an experienced member of our team who will ask the right questions to determine the best course of action. They will go over each option that will make sense for your situation and will be sure to discuss in detail the pros and cons of each.
See How Much Money We Can Save You
Each option will have its own savings potential. Keep in mind the greater the downsides a choice may have the greater the potential for savings. Our debt relief representatives will be sure you understand the cost benefits and will be sure to disclose our fees fully.
Retain Our Law Firm and Let the Savings Begin
Once retained, we waste no time in taking action. We will work quickly and efficiently to bring a successful resolution to your situation. You will be assigned a specific member of our team that will be in constant contact with you throughout the process.
You have nothing to lose except for your debt!
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