Legal Question in Credit and Debt Law in New Jersey

traverse hearing

hi im trying to have a judgement vacated due to the fact i was not served and was in default.the judge put a order that the judgement is on hold.the lawyer for the creditor replied to the judge in a affrimation that the process servers affidavit constitutes prima facie evidence of proper service.genway corp v elgut ,(19991,2nd dept) 177 ad.2d 467. it appears therefore that the issue of the propriety of service raised in defendants papers may not be determined by papers alone,and requires a traverse hearing.he also says the judgement should stand as security that is what was written inhis affirmation what can i do


Asked on 8/18/02, 7:53 pm

1 Answer from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: traverse hearing

You should review the Court Rules on service (Part 4). The best thing would be to go to the courthouse law library. As you read the Rules, you can then also read the comments and cases under the Rules. If you can't get to the libary, then you can check the Rules out online at http://www.judiciary.state.nj.us/rules/rules_toc.htm. If the judgment is for a significant amount, then you may want to consult an attorney.

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Answered on 8/20/02, 10:35 pm


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