Our client was sued in 1999 for $8,933.35. Due to improper service, a default judgment was entered. When the client found out about it in 2016, the judgment grew to about $38,000. We filed a Motion to Vacate the Default Judgment and the Court ruled Buffalo City Court did not have jurisdiction over client who was a resident of the Town of Springville, New York. Section 213 of the Uniform City Court Act sets forth the jurisdictional requirements for actions in Buffalo City Court. These requirements include either residence of plaintiff or defendant within the city or contiguous town, or regular employment or place for the regular transaction of business within the city. Neither the plaintiff nor the client had a residence or office for the transaction of business in the City of Buffalo. As such, Attorney Shear was able to get the default judgment vacated; the debt collection case dismissed; and moreover, to get the debt collector’s attorney to return the money they took from the client’s bank accounts.
Practice Area: Debt Defense
Original Creditor: Discover
Collection Law Firm: Cohen & Slamowitz, LLP (now known as Selip & Stylianou, LLP)
Outcome: $38,000 Judgment vacated and case dismissed.