Expert: Jason Shear, Esq. - 10/22/2008

Question
Hello Jason how are you? i just need a little help with my situation i lived in NYC until 2006 and moved to VA LVNV bought a debt from citibank and contacted me i asked for validation to make long story short they couldnt come up with the validation and tried to be smart they used my old address from my credit report and sued me in NY since i wasnt living in NY anymore they got a default judgment. my question is what are my options here? can i file a motion to vacate that judgment? and what do i have to do to file a suit in federal court against this collector? Thanks and appreciate all the help in advance

Answer
Faisal:

Hope all is well.  First what needs to be done is for you to have the judgment obtained in the NYC Court vacated.  If you did not live in NYC at the time you were sued there are grounds to get the judgment vacated.  If there is no affidavit of service filed with the NYC Court the judgment should be vacated.  Gather proof that you did not live in NYC at that time with items such as utility bills, rent payments, credit card statements, etc.  All this may not be necessary but you may want it in case the process server for the law firm that represents LVNV filed a false affidavit of service with the Court.

Second, once the New York judgment is vacated you can sue LVNV and the New York law firm in Federal Court in Virginia under the Fair Debt Collection Practices Act (FDCPA).  If cost of the NYC attorney is an issue, you may be able to include that cost as damages in your later FDCPA lawsuit you obtain in addition to statutory damages.  Also, do not worry about the cost of a VA lawyer for the FDCPA suit, as the collection agency will have to pay your attorney's fees if you win the case.

Good luck.  Hope this was helpful.  If you have any questions or need a referral for an attorney in NYC to get the judgment vacated, please give me a call.

Jason Shear
NY Consumer Attorney
716-566-8988