Hello,

In June of 2008 a Judgment was granted against me in NY State alleging monies owed to a NYC university I attended. I am not a resident of NYS and never received any summons or other notification of the suit.

My understanding is that since I am not a resident of NYS an have not been so for over 25 years, that I can file all motion of dismissal due to LACK OF SERVICE by the NYS court.

As money is really tight could someone provide me with a specific example of the correct format for filing such a motion.

The judgment was granted against by the NYC Manhattan Civil Court.

I reside in the state of CT.

Thank you very much for your time.

Hello pj:

Where you live and/or how long you've lived there, has nothing to do with whether service was perfected.

You were or you weren't served. You don't say, so I'll assume that you're looking for a technicality. You also don't say whether you actually owe the money, so I'll again, assume you do.

I have no problem with technicalities, if you're getting that message. But, they only interest me if they WORK. What you're proposing won't work, because if you weren't actually served, you will be when you show up to have your motion heard. And, if you owe the money, they're going to have a contract, and you're going to lose again.

The longer you wait, and the more you obfuscate, the more it's going to eventually cost you. Lawyer's charge by the hour, and you're the one who is going to be paying them.

So, if you owe the money, I'd do my best to borrow what I could and settle it NOW. In fact, if you have some cash to negotiate with, you can probably get the number way down.

excon

PS> (edited) Ok, I see where you say that you weren't notified... Doesn't change anything...