If Ihave summary judgment that was issued against me but I never recieved notice of a court date, what are my rights?

I owned a business for 17 years which I had to sell when I was struck with a severe disability. One of my suppliers claimed I had not paid in full when in fact due to delivery of bad product I should have had a credit balance. As a result of my illness and 6 brain surgeries I am 100% disabled and broke. I had no choice but to handle the case on my own. When I was served with a summons I prepared an answer to the claim and did not hear a thing after that until I received a judgment against me 8 months later. I was never served with a summons for a court date, if I had I would have appeared.  Is this something I can appeal?

Asked on July 22, 2010 under Bankruptcy Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your troubles.  Did you file an answer or serve it on the other party?  And you never received the motion for default judgement?  When did you receive the Judgement?  You only have a limited amount of time to make a "Motion to vacate" the judgement.  You need to have a valid reason for not answering the summons (you said that you did but I don't know the facts) and a "meritorious defense."  The latter is the hardest to overcome but you seem to have a good reason to set before the judge: the credit for the product.  You now have to get your ducks in a row as to the answering issue.  Most judges are a bit more lenient for pro se (on your own) litigants. But get down to the courthouse as soon as you can to file the motion.  Good luck.

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