Metro Portfolios, Inc. v Pop, 60 Misc 3d 137(A) ([App Term 2018). “HIRE A GOOD ATTORNEY TO HELP YOU IN YOUR MERITORIOUS DEFENSE”. Pro Se litigant’s motion to vacate [judgment based on service CPLR 308 (2)] for lack of personal jurisdiction [pursuant to CPLR 5015(a)(1) & (4)] was denied because he failed to move to submit a proper affidavit. This is why it is important to hire a competent attorney to help in your defense of these matters.
Failure to set forth the proper information warrants denial of your motion. Too many times in my experience I encounter defendants that were never served and never given the opportunity to challenge or defend their alleged debts.
However, they either fail to act or when they do, they represent themselves to say costs [which is completely understandable] but end up owing a debt they could have defended successfully if they hired a good attorney.
CPLR § 5015 (a)(4)/Motion to Vacate/Dismiss/Lack of Personal Jurisdiction
Defendant claimed he never was served and never received notice of the action. However, the court held defendant’s affidavit failed to rebut the affidavit of service.
CPLR § 5015 (a)(1)/Motion to Vacate/Dismiss
Many defendants untimely move under this provision. To move under CPLR § 5015(a)(1), you need to move within a year of the judgment and establish a reasonable excuse and meritorious defense.
If you fail to move within a year, you cannot move under this provision and must seek other provisions under the law. Here defendant moved 5 years later and also failed to show a reasonable excuse.