Legal Question in Civil Litigation in New York

Re: service of a summons

Although you don't say so, it appears that a default judgment was issued against you, and that this happened 14 years ago.

In order to vacate a default judgment you must show both that there was a good reason for your failure to respond to the initial litigation and that you have a valid defense against the underlying complaint. You must have BOTH.

While you may have a good reason not to have responded, your delay in acting to vacate the judgment may be a problem. Further, you don't say anything about your defense to the underlying allegation.

There is a not inconsiderable expense involved in vacating a default judgment - it's not something that most people would be comfortable attempting without the assistance of an attorney.

If you'd like to arrange a consultation, please feel free to get in touch.

Re: service of a summons

Please see the prior posting on our Blog (newyorkbankruptcylawyerblog.com) on the topic of dealing with a default judgment. The post is:

What Can I Do If a Default Judgment Has Been Entered Against Me in New York? http://www.newyorkbankruptcylawyerblog.com/2008/10/what_can_i_do_if_a_default_jud_1.html

The foregoing is intended as general information of interest to readers of this website and is not intended as legal advice for your situation. You should consult with an attorney.

Best regards,