Q: What is personal jurisdiction?
I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.
A: In order to "open" (vacate) a default, defendants must argue that they have an excuse for failing to respond to a Summons and must assert a valid ("meritorious") defense (not a high bar on vacating a judgment), which includes the defense of lack of jurisdiction -- which would deprive the Court of the power to enter a judgment. Clearly, since, as you claim, the defendants are New York residents, they cannot argue that they cannot be sued in New York, they must be arguing that the "service of process" was invalid -- for which there is a huge body of case law.
1 user found this answer helpful
A: If the service was improper, there is no jurisdiction, so there is no time limit. This is why it is helpful to have a lawyer.
A: That is not a matter of personal jurisdiction at this point. You should consult an attorney.
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