Vacate a Default Judgment Even When Service of Summons is Correct

Need to Vacate a Default Judgment?

One of the most popular ways to do so is by challenging the Process Server’s Affidavit of Service. Often times, a Defendant will dispute the details regarding the date, time, location etc. where service of the lawsuit papers was allegedly made.

Sometimes the Defendant or judgment debtor must concede that the circumstances under which the lawsuit Summons & Complaint were served are legitimate and quite possibly correct.

Even in this instance, a motion to Vacate a Default Judgment can be granted by the judge pursuant to a lesser used statutory provision of New York’s Civil Practice Laws and Rules (CPLR).

CPLR Section 317 allows a defendant to vacate a default judgment by showing that he or she never received “actual notice” of the lawsuit, despite the fact that service was properly made and the court has obtained personal jurisdiction over the defendant.

In order to establish a lack of “actual notice”, and judgment debtor may need to be able to deny having received any additional or related copies of lawsuit documents via the U.S. Postal Service.

For example, perhaps the lawsuit papers were properly left with a relative at your home. However, the relative discarded the documents and never informed you of the delivery. In this instance, the judgment debtor has a valid explanation as to why he failed to respond to the lawsuit in a timely fashion.

If you need to vacate a default judgment, you will want to make sure your court papers are prepared properly the first time around.

Call our judgment defense lawyers in Brooklyn, Queens, Manhattan & the Bronx for a free debt defense consultation.

We fight to protect New York consumers from unfair debt collection by the City’s largest collection agencies.

Send us your court papers to review and let us file a motion to vacate a default judgment in New York’s Civil Court.