Legal Question in Credit and Debt Law in New York

I get this question all the time. It probably stems from what people see on television or in the movies. While there are occasions when asserting improper service is a good idea, it's generally not worth the effort. In order to challenge service, you first have to file and serve a formal motion. You then have to prepare for and attend a "traverse" hearing, in which the process server's affidavit is given preferential treatment. All said and done, the procedure is costly and time-consuming. And if you win, the case is dismissed "without prejudice" (i.e. not on the merits) which means the plaintiff can simply re-file and re-serve. I don't know anything about your case so I can't advise you whether attacking service is a good idea or a bad one; but I hope this information provides some helpful insight.