Judgement against me ..in NY?
When I sign this cell phone contract in 1999 it was with a third party cell phone company and they told me its free nights and weekends. When i received my first bill I realized I was being charged for nights and weekends. I call Att and told them I have a contract stating free night and weekends and I faxed over a copy. They never respond to me about the contract. when i went back to the cellular store they kept saying theres nothing they can do - I have to deal with AT and T. I told att they altered my contract and I am not paying them.
here i am 2007 with a judgement.I dont have this old contract anymore. what should I do when i go back to cout
Answers:
I work for a collection firm in Illinois. Statute of limitations here is 4 years for a retail installment contract and 10 years for a written contract from the date of breach of contract. However every state is different...
I don't know if there is a time limit on how long after the date of judgment that u can file a motion to vacate the judgment.
If you think you have enough proof to fight it, go to the court house in the county where the judgment was entered and ask the clerk (or call an attorney) if you can file a motion.
As far as service... if someone at your old address accepted the summons on your behalf there is not much you can do about it. In Illinois we call that sub-service when a 3rd party at the address on the summons takes the papers from the process server or sheriff (not saying that process servers are always honest though!)
Good Luck :)
If you don't have documented proof that you didn't sign a contract saying you had to pay for nights and weekends...pay the judgement. "I don't remember signing X" won't get far.
If you do, show that, and then there's no problem, right?
Hello,
Well this is kind of tricky. You can subpena the contract from AT&T. Although if this Hearing is for a
"Motion to Vacate" or
"Motion of Service of Process"
I am not sure if this is allowed. You can call an attorney ask that question they will probably answer it for free.
Then if a rep for AT&T does not show you will win anyway.
Good Luck
Whats the Statue of Limations that they can sue you I thought it was only 4 years.Maybe NY is diffrent
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