Friday, October 11, 2013

Default Judgments Coming Home to Roost

It was bound to happen that the spate of default judgments that seemed to come across my desk this year would finally rear their heads again at some point. Even for prospective clients meeting with me for the first time, it appears that 2013 has been the year of the default judgment.

The first candidate across the desk was the dangerous combination of a default judgment in Family Court, especially where the default was used to establish paternity of a child and enter a significant award of child support and arrears. Waiting for the passage of time and hoping that the Court would forget about the case has not done the prospective client much good...

The second candidate arrived on the wings of information subpoenas and restraining notices. Not surprisingly, when the Defendant's bank account got restrained, my telephone started ringing off the hook to see how to get their money back. Luckily, the Court granted the emergent order to lift the restraint, but now there is a whole new case to worry about.

And then the third candidate has been arriving day after day, where an attorney seeking to vacate a default judgment (which, incidentally, I don't think the Court even entered yet) seems to send the same set of papers to my office repeatedly. No calendar or motion date scheduled yet, just a stack of papers with the same citations to some old (and overruled) case law.

Friday's moral of the story: don't let a default judgment be taken against you.

For more information or to set up a consultation, please call me at 718.568.0221 (New York clients) or 908.698.0417 (New Jersey clients), or visit my website (AndrewMAyers.com).

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