What is the name of your state (only U.S. law)? NY
Background:
There is an old judgment, which was entered in Jan 2014 against me for a debt with a default date in Sept 2009. I was never served and after researching the server, I saw that his license was revoked. I filed a motion to vacate judgment based on improper service and was granted a traverse hearing. The server did not show up and the plaintiff asked the judge for an application so he can subpoena the server, as the server was not cooperating. At this time, the plaintiff offered to vacate the judgment and restore the case to the calendar, which I declined.
Questions:
Am I correct that the server must show up and prove that I was served during a traverse hearing?
If I prevail in the hearing will the judgment be vacated and can I refuse to have it restored to the calendar?
If the plaintiff sues me again, can I use SOL defense?
What questions should I ask the server, if he shows up, to better my chances to vacate the judgment?
Background:
There is an old judgment, which was entered in Jan 2014 against me for a debt with a default date in Sept 2009. I was never served and after researching the server, I saw that his license was revoked. I filed a motion to vacate judgment based on improper service and was granted a traverse hearing. The server did not show up and the plaintiff asked the judge for an application so he can subpoena the server, as the server was not cooperating. At this time, the plaintiff offered to vacate the judgment and restore the case to the calendar, which I declined.
Questions:
Am I correct that the server must show up and prove that I was served during a traverse hearing?
If I prevail in the hearing will the judgment be vacated and can I refuse to have it restored to the calendar?
If the plaintiff sues me again, can I use SOL defense?
What questions should I ask the server, if he shows up, to better my chances to vacate the judgment?