What can I do if an old landlord obtained a default judgment against me but upon investigation I never received the original notice via mail nor was I served?
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What can I do if an old landlord obtained a default judgment against me but upon investigation I never received the original notice via mail nor was I served?
Asked on November 28, 2012 under Real Estate Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to go down to landlord tenant court and file an Order to Show Cause (which is a motion) to vacate the default and to stay any proceedings (like issuance of a warrant of eviction) based upon the fact that the court did not have "jurisdiction" to hear the case since you were not properly served with the paperwork. The court should have a help line. Good luck.
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