[ohboyohboy1]

Question: If I am successful at vacating a default judgement at a traverse hearing based on LACK of JURISDICTION, does that mean the old case is dismissed and the plaintiff has to sue me all over again, or does the judge simply put it back on the calendar? Remember, thi sis not a case of excusable default, but rather lack of jurisdiction. I am reading conflicting results.

[twinkiedooter]

If it is dismissed WITHOUT prejudice then, yes, they can simply refile the suit. If it is dismissed WITH prejudice then, no, the case is dead in the water and cannot be refiled. In your default judgment matter I don't see where it would be dismissed without prejudice.

[ohboyohboy1]

No that's not my question. The question is, will the case simply be put back on the calender. (restored) or dismissed? In NY I am hearing that it is often times restored to the calendar

[Fr_Chuck]

Actually that was your answer, you have to tell how the case is discharged, depending on that, is if they can even refile.

If they can, no it is not automatic, they will have to refile,
But expect them to have that paper work already filled out and they will file it before they leave the court house. So yes, expect it to be filed that same day. So yes it would not be a surprise to be entered back that same day. But they will have to file new paper work, but they may have it ready to file

[ohboyohboy1]

Well, sice this was a landlord-tennant matter originally it was filed in town court, but normally cases of this much money go to state supreme court, so I wonder if they would need to file it there since its no longer a tenant landlord matter and solely a money judgement

[AK lawyer]

Question: If I am successful at vacating a default judgement at a traverse hearing based on LACK of JURISDICTION, does that mean the old case is dismissed and the plaintiff has to sue me all over again, or does the judge simply put it back on the calander? Remember, thi sis not a case of excusable default, but rather lack of jurisdiction. I am reading conflicting results.

Well, sice this was a landlord-tennant matter originally it was filed in town court, but normally cases of this much money go to state supreme court, so I wonder if they would need to file it there since its no longer a tenant landlord matter and solely a money judgement

I opened this thread just to figure out what a "traverse hearing" is. I still don't know, but since I am here, let me answer the question.

The town court judge should enter an order setting aside the default judgment and dismissing the judgment with predjudice for the reason that the court doesn't have jurisdiction to hear the case.