Need effective resons to oppose a default judgement where the plaintiff claims no response. I claim inproper service and i answered late

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Originally Posted by captainsmooth

NEED EFFECTIVE RESONS TO OPPOSE A DEFAULT JUDGEMENT WHERE THE pLAINTIFF CLAIMS NO RESPONCE. I CLAIM INPROPER SERVICE AND i ANSWERED LATE

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I don't know what you mean by effective reasons - you claim faulty, improper, insufficient service of the papers. You move to get it set aside on those grounds, nothng else. Did your answer include objection due to problems with service?

The creditor may or may not oppose. One way or the other you will undoubtedly be properly served in the Courtroom and then if the creditor has no grounds you make your argument then.

What was improper about the service?

SUPREME COURT NY, NY case - A former partner is suing me and the LLC's that I managed. I am responding pro-se for me personally. There is no case but I need to responded to the request for a default motion because I have not responded in a timely manner.

I received instructions from the court on how to answer a motion and have typed the AFFIDAVIT OF OPPOSITION but needed some more guidance proper oppositions. What exhibits should I include? The answer and the affidavit of service? Additionally in the back of the court (office of the self represented) there is a blue page/form with a "notice of entry" and a "notice of settlement" section... do I do anything with this.

I will have a friend mail the AFFIDAVIT OF OPPOSITION to the Plaintiff and his attorney and bring the originals into court on the 12th? Do I send the affidavit of service to the plaintiff and attorney? If so, ho is it notarized before its mailed or after?

I was never served, the summons and complaint was left at the former office which has been reoccupied by a new company. I was informed of the papers by the receptionist of the new firm that occupies the office now.

My answer did answer include an objection due to problems with service.

Thank you very much for your help and response... any other questions that may be helpful to you?

XXXXX XXXXXXXX, being duly sworn, deposes and says:

1. I am the Defendant in this matter. I make this affidavit in opposition to the motion or petition by XXXXXXXX XXXXXXXX seeking a Default Judgment.

2. I believe the Court should deny the motion or petition because:

A. A verified answer was filed by the Defendant on XXXXXXX XX 2008 with the Court and served upon the Plaintiff and the Plaintiff's attorney (see exhibit A).

B. Within the original operating or the promissory note, the Defendant was never personally liable for any loan prepayment nor provided any personally guarantees.

C. Plaintiff's service is faulty, improper, insufficient and contrary to the service provisions of the CPLR because it was purportedly addressed directly the Defendants former place of business.

The fact that MR. XXXXXXX is responding to this motion in no way constitutes a waiver of the arguments raised in the recently-filed Answer that Mr. XXXXX was not timely or properly served and should be dismissed from this litigation.