Legal Question in Family Law in New York

Re: Being Served

ANSWER THE PAPERS IN WRITING and DENY SERVICE BY

stating: Lack of Jurisdication due failure to serve; and Failure to state a cause of action, in addition to your other defenses.

There then must be a "traverse hearing" to determine whether you received the papers.

All of your witnesses should be available to testify and your actual location at the time of the alleged Service, should be provable by documentation.

IF the Court believes you. You will have to be served the papers, that you weren't served and the process begins from the beginning.

Alternatively, explain to the Court that you did not receive service and need more time to get an attorney to answer.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ.

Re: Being Served

If the issues in a 1996 Family Court Case are not moot, and you purportedly received a judgment or court order as a result of the Petition, you were not served, you would then need to contest receipt of the judgment or order.

Alternatively, you could initiate a Petition seeking modification of the Order or Judgment entered in 1996, due change of circumstance.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ.