Legal Question in Family Law in New York
Subpeona ( Family Court )
Is there any cases where an individual succesfully disputes being served a summons? The court has an affadavitt stating that I was served these court papers to appear. I never recieved these papers and because of that, a default order was entered in family court and I was ordered to pay whatever amount the department of Socail Services asked for. The judge is giving me the opportunity to dispute by proving my whereabouts on that date. Is there any cases I can cite in regards to me disputing being served? Any ruling that has been overturned, or is there a specific guideline that has to be followed in entering a default judgement?
1 Answer from Attorneys
Re: Subpeona ( Family Court )
It is not uncommon to dispute service. Did you see the affidavit of service? If not, you should. It will tell when/who/how they served you. There may be a description of a person they say is you that doesn't match. They may have served someone not authorized under statute to receive service on your behalf. Default judgments are vacated quite often as, the court had no jurisdiction to issue a judgment if you were not properly served, Good Luck.
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