Legal Question in Construction Law in New York

A judgement was entered against me without taking into account a proper service procedure as well forget documents. Where would I find a sample challenging a case?


Asked on 1/29/10, 12:58 am

2 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

It appears that you have a viable to defense against a judgment (e.g. improper service of process). I would suggest you contact an attorney or the self-help department of your local court.

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Answered on 2/03/10, 5:14 am
Michael Markowitz Michael A. Markowitz, PC

You would have to file an Order to Show Cause (OSC) to vacate the default judgment. In your affidavit supporting the OSC, you would have to set forth 1. a reason for the default (improper service) and 2. a defense to the action that has merit. There is no "form" for this motion. However, if you go to the Court listed on the summons and speak to the clerk, you may receive some help.

Mike.

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Answered on 2/03/10, 5:44 am


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