Legal Question in Family Law in New York
My ex denied being served papers. At the next hearing I produced proof that she was served. When asked by the judge wther she still denies being served she said absolutely! This caused a severance hearing. At the severance hearing she accepted service and the hearing was called off at my cost for the servers testimony and my attorney. Can I ask for any credits for the expense?
1 Answer from Attorneys
If you had held the hearing and the court found that she did receive proper service you might have been able to get costs, without the ruling, probably not. The hearing is called a Traverse hearing. Your attorney should move for costs anyway. You will probably be denied but you should try unless your attorney has a reason not to. Trust your attorney, they have knowledge you can only get by being directly involved.
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