Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
You are confusing two separate issues. One is jurisdiction and the other is lack of service.
You do not have to be a resident of NY for the court to have jurisdiction. The question is whether the debt is related to NY in any way such as the signing of the contract or the furnishing of services in NY.
Challenging for lack of service means that you were never notified of the court proceedings but that you agree that the court has jurisdiction.
You need to get a copy of the file from the court. The plaintiff has to show that there was service so you need to see how he satisfied that requirement. He also has to show the court has jurisdiction. You need all that information so you will know how to proceed.
If it is jurisdiction and you have no contacts with NY you probably want to wait to challenge jurisdiction until such time as they domesticate the judgment in your home state but that is a strategic decision.
You just file a motion to set aside the judgment and state your reason. You will follow the heading and use the other court filings as a guide or the clerk of court may print out a motion from a similar case for you to use as a reference.
This is not from NY but should give you an idea
If I have answered your question, an accept and positive feedback is appreciated. Thanks!!!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).