Q: What is best way to reverse a small claims default judgement? (Jurisdictional issue)
2 mos before lawsuit filed I moved to another state 700 mi. away. Proof is lease/other official docs mailed to new address, dated before lawsuit. Per NY Small Claims Law the court has no jurisdiction on non residents. Pre hearing I called clerk to advise him I'd send formal letter seeking dismissal including clear proof of residency. I also advised him I'd not attend the hearing. Called clerk later to confirm documents receipt. Again I requested dismissal, and that I'd not attend hearing. He never advised that I was proceeding improperly on either call. Simply said it's added to my file, and judge will rule. Default Judgement was imposed for the full amt. Court tells me my only recourse is to file Order to Show Cause / Affadavit in Support. If approved, judgement is vacated and new hearing set. Can I then file a formal Motion to Dismiss via mail? Did that originally but maybe without correct procedure / forms? Why be forced to appear to argue that the law says I don't need to appear?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.