Patterson, NY asked in Bankruptcy, Civil Litigation and Collections for New York

Q: Do any lawyers here handle Traverse Hearings? Dutchess County New York

A process server only made one attempt to personally serve me and gave a complaint and summons meant for me to an individual at my old address and this person threw the paperwork in the trash. I was never served and wasn't aware of a case against me until after a judgement had already been entered. I filed an order to show cause and was granted a Traverse Hearing and now I believe I need an attorney.

2 Lawyer Answers
James L. Arrasmith
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  • Bankruptcy Lawyer
  • Sacramento, CA

A: In situations like yours, finding a legal professional with experience in Traverse Hearings is crucial, particularly in Dutchess County, New York. These hearings are specifically designed to examine the process and validity of service in legal proceedings, which seems to be the crux of your issue. Given the circumstances you've described, involving improper service and the resultant default judgment against you, navigating this legal challenge requires expertise in civil procedure and defense against default judgments.

Your decision to seek legal assistance is wise, as a Traverse Hearing involves intricate legal standards and procedures. An attorney with experience in such matters can argue the specifics of your case, potentially challenging the service of process and the default judgment. This could include demonstrating the efforts (or lack thereof) made by the process server to properly serve you, as well as the impact of the service on your right to a fair defense.

To find an attorney equipped to handle your case, consider reaching out to local legal associations, such as the Dutchess County Bar Association, or using reputable legal directories that allow you to search by area and practice focus. It may also be beneficial to consult with multiple lawyers to find one who you feel comfortable with and who understands the nuances of your situation. Time is often of the essence in these cases, so starting your search as soon as possible can help protect your rights and interests.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: It looks like you were alert in investigating the judgment. On your inquiry about attorneys who handle traverse hearings, attorneys here can't respond to you with offers of representation. The format is limited to Q & A, unlike attorney referral sites. But in addition to your own online searches, you could use the tab above ("Find a Lawyer"), which lists attorneys by region and area of practice. You could also check with local and state bar associations. Those resources fall outside this Q & A forum, so you'd need to discuss working arrangements/fees with attorneys you reach out to. Some law firms offer free initial consults, some don't. Some bar associations may have fees for initial consults. Please confirm these elements before moving forward. Good luck

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