I live in New York state, I had a default judgement placed against me because I didn't answer to an attorney letter, I feel I was not served properly, I want to try to get the default judgement set aside. I've been told to file a request for judicial intervention and a motion, well I found the form for the request for judicial intervention, my question is a motion a form that you fill out or is it something you just type up and turn in with your request, also can I put a counterclaim in the motion. Thanks scott:

i live in new york state, i had a default judgement placed against me because i didnt answer to an attorney letter, i feel i was not served properly, i want to try to get the default judgement set aside. i've been told to file a request for judicial intervention and a motion, well i found the form for the request for judicial intervention, my question is a motion a form that you fill out or is it something you just type up and turn in with your request, also can i put a counterclaim in the motion. thanks scott:


How were you served ? First it is dos not matter if you don't think you were served property, also depending on what type of debt it was there may be different laws of service. For example if I am doing an eviction, posting it on the door of the house is fine, hiring a server to hand it to you, or if they know you are in the house, ( they called from the outside of the house and you answered the door but would not answer the door if they knock, they may slide it under the door in some areas)

So first see if you even have a case. Next hire an attorney, these are not things that can be done by yourself unless you know what you are doing.
Or at least hire a para legal to prepare the paper work.

Well, if you thought you were served improperly, the correct action would have been to interpose an "answer" with an affirmative defense of "lack of personal jurdiction". Since we are past that point, what you need to do is file a motion to vacate the default judgment. Now keep in mind, you would only do this if you are planning to raise a defense to the action. If you actually owe money, then there is no point in vacating a default and then getting a new judgment against you right away.

If it is a collection matter, the action must be venued in the county where you reside in most cases. You must be served in accordance with the CPLR, which usually means someone handing it to you(or someone of suitable age and authority to accept service), or sending it to your last known address along with leaving a copy at the residence("nail and mail").

Let me know what the action involves, how you were served, etc. You can not bring a counter claim in a motion. A counter claim should be plead in your Answer. If you need a form, go to findlaw.com or somewhere else, and look for "motion to vacate default judgment". They are very easy to vacate, but you have to have a valid defense to the original action, or there is no reason to vacate(unless they are beyond the statute of limitations period). Anyway, give me more info, and I'll try to help.