Refusal of Process Service in New York: Can It Prevent Default?

Refusal of process service in New York does not prevent default judgment. Once a process server identifies the defendant and offers the papers in their presence, CPLR §308(1) considers service legally complete—even if the defendant refuses to accept them. Courts consistently uphold valid service when supported by detailed affidavits. Undisputed Legal ensures every service attempt meets statutory and evidentiary requirements to avoid disputes or dismissals.

Quick Reference

• Governed by CPLR §308 (service procedures) and CPLR §3215 (default judgments).
• Refusal does not invalidate service if properly attempted.
• Process server must identify defendant and offer papers directly.
• Documentation and affidavit of service are crucial to validate the attempt.
• Court may still enter default judgment if service is proven valid.

PROCESS SERVICE PRICING & OPTIONS

We serve all papers in all 50 states. Fees are automatically calculated at checkout based on the service address.

ROUTINE — $100–$150 (First attempt within 3–7 business days)
RUSH — $200–$250 (First attempt within 24–48 business hours)
SAME-DAY — $250–$300 (First attempt the same business day when documents are received during normal business hours)
EMAIL/MAIL — $75 (Where permitted; completed within 24–48 business hours from time of receipt)
STAKE-OUT — $325–$425 (Includes 1 hour waiting time; each additional hour $100-$150)

Includes 3 attempts (morning/afternoon/evening) + notarized Affidavit of Service/Due Diligence. Additional individuals: 50% off (same address/same order).

Place Order Online | Call (800) 774-6922

Refusal of Process Service in New York raises critical questions about whether a defendant can avoid legal consequences simply by declining to accept papers. Under CPLR §§ 308 and 3215, a refusal to accept service does notprevent a court from entering a default judgment. Once a process server identifies the defendant and attempts delivery, service may be deemed complete even if the recipient refuses to touch or read the documents. This article from Undisputed Legal clarifies how refusal impacts the validity of service, the path to default judgments, and what plaintiffs must do to ensure their case proceeds lawfully.

In New York, the court can only get personal jurisdiction if service of process follows Civil Practice Law & Rules (CPLR) 308 (for natural persons) and 306 (proof of service).  A defendant can refuse to accept the summons and complaint, but that does not mean the service is automatically invalid if it was done correctly and recorded. 

• To prove valid service and support a default judgement, it is very important to have the right paperwork for the attempt (date, time, place, identity of person served or refusal, servant’s affidavit).
• If the service was bad (wrong method, wrong address, or incomplete proof), a defendant may be able to successfully challenge or get rid of a default judgement.
• If a defendant or someone at their location refuses to accept service (meaning they don’t take the papers from the process server), that refusal does not automatically make the service invalid. If the server has correctly identified the person, offered the documents, used one of the approved methods, and kept track of the attempt, the service may still be valid. The refusal is now a fact in the record instead of a separate reason for not serving.
• If the defendant does not respond within the time allowed, the plaintiff can ask for a default judgement under CPLR Section 3215 after service (even if the defendant refuses). 
• The affidavit should say when, where, and how the service attempt was made, who refused (or who accepted), and a description of the person who was served or refused. If the affidavit is detailed and follows the rules, the courts will assume that service was done correctly. However, the defendant can challenge this assumption by filing a specific sworn denial. 
• If the defendant says that service wasn’t done correctly (wrong address, wrong person, no mail needed under substituted service, etc.), a traverse hearing may be needed. 

PROFESSIONAL CREDENTIALS & MEMBERSHIPS

Frequently Asked Questions About Refusal of Process Service in New York

1. Is service invalid if the defendant refuses to accept the summons and complaint?
   No. A refusal does not mean that the service is invalid right away. The service may still be valid even if the defendant refuses to accept the papers, as long as the process server finds the defendant (or someone of the right age at their address) and uses the right method of service. 
2. Is it possible to get a default judgement if the defendant does not show up?
   Yes. Under CPLR Section 3215, a plaintiff can get a default judgement if the service is done correctly and proof is filed. If service was valid, the defendant’s refusal does not stop the deadline from running.
3. What does the process server’s affidavit need to say when someone won’t accept service?
   The affidavit must state which papers were served or attempted to be served, who served or refused service, the date, time, address, or place, and how the papers were served.  If using a substitute or affix-and-mail service, parties need to give the dates and times of the attempts.
4. Does the defendant have to actually get the papers for service to be valid?
   No. Actual receipt helps show notice, but the most important thing is that service was done in a way that the law allows and proof is filed. The law allows service by methods that assume notice. Courts will look at whether the method followed due process. 
5. What if the defendant says they never got the papers, but the server says they offered them and were turned down?
   A sworn denial is one way for the defendant to contest service. If the denial is detailed and specific (contradicting the server’s affidavit), a ‘traverse’ hearing may be necessary, and the plaintiff must demonstrate service by a preponderance of evidence. 
6. What should I do to protect myself as a defendant if I know the service was done but I didn’t accept it?
   Read the affidavit of service very carefully. If you think the service was bad (wrong address, wrong person, wrong method), you can ask to have the default judgement thrown out under CPLR Section 5015(a)(4) because the court didn’t have personal jurisdiction. In most cases, you have to prove that the service was bad.
7. Why should a plaintiff or process-serving agency keep a careful record of a refusal?
   When a defendant refuses, that incident is added to the service record. Good records help prove that service was valid and fight challenges at traverse hearings or motions to vacate. If the paperwork is bad or missing, the service is more likely to be found invalid.

Trusted Legal References for Process Service

Undisputed Legal Inc. – Nationwide & International Process Service
Offers licensed, court-compliant process service across all 50 U.S. states and more than 120 countries. Expertise includes Hague Service Convention requests, Letters Rogatory, and time-sensitive legal document delivery.
Phone Number: 212-203-8001

U.S. Courts – Federal Rules of Civil Procedure (Rule 4: Process)
Establishes the federal framework for process service in civil actions, outlining who may serve, proper delivery methods, and proof-of-service requirements under U.S. law.
Phone Number: 202-502-2600

U.S. Department of State – Judicial Assistance: Service of Process Abroad
Provides U.S. government guidance for serving judicial and extrajudicial documents abroad through Hague procedures, diplomatic channels, or Letters Rogatory.
Phone Number: 1-888-407-4747

National Center for State Courts – Process Service Guidelines
Offers access to state-specific service of process rules, official court forms, and procedural updates to help ensure compliance with due process and jurisdictional requirements.
Phone Number: 800-616-6164

Hague Conference on Private International Law – Service Convention (1965)
Provides the international treaty framework governing the cross-border service of judicial and extrajudicial documents, facilitating cooperation and legal consistency among member nations.

Additional Resources

In New York, service of process must be done correctly for the court to have personal jurisdiction over the defendant.  When a process server offers the summons and complaint (or other starting papers) to a defendant or someone at the served location, refusal of service happens when that person does not accept them. From a practical point of view, refusing service might look like an attempt to delay or avoid the lawsuit. But legally, the question is: does refusal stop service, and then does it stop entry of a default judgment? 

In New York, it is legal to serve legal papers even if the person receiving them does not accept them i.e. refuses them. According to CPLR  Section 308(1), the process server can still finish serving the papers once the person is identified and the papers are offered to them.  So, refusing service does not automatically stop it or lead to a default judgement, but it does make it more likely that the service was done correctly and that the defendant had actual or constructive notice. A private process service agency, such as Undisputed Legal, can help make sure that your papers are served carefully.
ully to avoid a

Refusing Service of process in New York

The first thing to know is that refusing service does not automatically stop a default judgement from being entered. If service was done correctly, even if the defendant didn’t accept it, the plaintiff can still go to default under Section 3215. The defendant’s refusal does not automatically imply that service was invalid. If the server goes to the person’s house, identifies them, says the papers are legal process, offers them, the person says no, and the server leaves them (or affixes or mails them by other means) and files proof of service, the court may consider that valid service. In this case, the defendant’s refusal is just a fact in the record, not a barrier.

Refusal may be considered as ‘ignoring’ service if the defendant does not accept the paper. This means that if proper service is shown, the defendant’s refusal may result in default, just like not responding would.

If the underlying service is flawed, a defendant who refused can still successfully challenge the default by showing that there was no valid service and pointing to the refusal as part of the service record (or lack thereof). So, refusal does not protect the defendant from default, but it does open up a possible way to challenge a default judgement if service was not sufficient.

How Courts Evaluate the Effect of Refusal on Default Entry

To comprehend the practical implications of refusal, it is essential to examine how courts address critical elements, being [A.] proof of service; [B.] the defendant’s actual or constructive notice; [C.] the timing of the answer period as stipulated by CPLR; [D.] the validity of the defendant’s appearance; and [E.] the defendant’s prompt actions to vacate the default.

Refusal makes documentation even more important. The defendant can contest the affidavit by disputing it, claiming that no server visited, describing the address differently, denying identification or refusal, or asserting that they were not at the location. Consequently, utilising a private process service agency like Undisputed Legal that provides GPS affidavits and detailed proof of service is always more effective.

Even if the service seems to be legally valid, courts may look into whether the defendant actually got the notice or had enough information to respond. Under New York service rules, actual receipt is not strictly required, but constructive notice must be enough to meet due-process standards. If the court finds that the defendant did not get proper notice (for example, if service was attempted at the wrong address or the affidavit is not valid), then the default may be cancelled. So, if the defendant refuses, it may be looked at more closely to see if they really evaded service or if the plaintiff didn’t follow the right steps.

CPLR Section 3215 states that the time the defendant has to show up or answer is the starting point for calculating a default judgement, assuming that service was valid. The defendant’s refusal to accept service may mean that the deadline runs, especially if the service attempt is deemed valid, and default may ensue. The important thing to remember is that refusal does not stop the statute of limitations or the defendant’s duty to act.

How can a defendant prevent default judgement in New York

The plaintiff may be able to win a default judgement if the defendant does not respond.
If they so want, but are under no legal responsibility to do so, unrepresented parties may initiate a new lawsuit via methods and e-filing via the NYSCEF (‘New York State Courts Electronic Filing System’). The procedure is same for a case filed electronically; however, the County Clerk and the NYSCEF would be the path to court. 

The defendant is required to prepare a notice in order to prevent a default in cases where a summons with notice has been delivered onto the plaintiff or plaintiff’s counsel before the due date and serve it accordingly. The defendant is expected to attend independently, as stated in the notice of appearance. It is necessary to also include the accompanying notice of appearance for the plaintiff to serve the defendant with a copy.. Within twenty days after service, the complaint must be served in response to this requirement.
in terms of demand. 

What does a response of judgement do and why is refusal a bad idea

A party’s stance on the matter is expressed in a response, similar to a complaint.
To begin, the case’s caption is included in the response. The main part of the response is a sequence of paragraphs with numbering. Defendants are required to address each claim made in the complaint by either acknowledging that it is true or denying veracity. Any claim in a complaint that does not get a response is deemed acknowledged under the law. At times, the response is required to provide affirmative defences. A defendant facing charges must be cautious not to relinquish any possible defences. Some defences, such as failing to properly serve the complaint and summons, are excused if the defendant fails to make a move to dismiss before a response is served, or state them in a written answer. 

It is possible to include a counterclaim in a response to a complaint. An additional claim is filed in an effort to get compensation (for financial penalties) imposed on the plaintiff. A distinct part should be devoted to the assertion of counterclaims.
labelled ‘COUNTERCLAIMS’ after the answer’s description of the previous section.

Alternatives for Defendants: Motion for Dismissal

A motion is a formal request submitted to the court within the context of an ongoing case. The defendant has the option to move to dismiss the case rather than address the complaint. The defendant will be left in default if this motion is not presented in a timely manner.

Defendants have the option to file a request to dismiss if they feel the complaint is lacking a foundation in support of a lawsuit; or that the deadlines for serving the complaint or summons with notice were missed, as a result of the late filing of the case or for any other valid cause. When a defendant files a petition to dismiss within the allotted time, they are able to extend the deadline for serving the answer. The defendant will be required to prepare a response in the event that the motion is refused and the case proceeds.

Why do Defendants Refuse Service of Documents?

In the event that a defendant declines to accept documents offered to them by a process server, the server may either leave them in a visible location or send them to you via mail, as the situation demands. Courts have the authority to approve other ways of serving, such publishing, emailing, or entrusting them to a third party. Avoiding service does not stop the lawsuit from advancing, which has legal ramifications. In the event that you do not show up or answer, the court may enter a default judgement against you.

People could try to evade legal proceedings for a variety of reasons. Avoiding service is believed by many to postpone or avert legal actions due to fear of legal action.
Some people don’t realise that declining service does not absolve them of legal responsibilities; this is a common misunderstanding. Not answering doors, changing addresses, or giving false information are all examples of deliberate evasion tactics used by some people to evade process servers. Physically refusing to take documents will not halt the legal procedure.

Even when the receiver declines to accept the papers, process servers are permitted by the courts to complete service. Legal process servers may ‘drop serve’ documents near you, leave them with another adult at your house, or get judicial authorisation to use an other manner.

Professional process servers are prepared to handle cases involving denial or avoidance. If you decline service, the documents may be left nearby, delivered to another person in your residence, or if authorized served via publication or mail. If you do not reply to legal service, even if it is indirect, the court may enter a default judgement, which means they will not have the opportunity to hear your argument. If you refuse service, you may have to wait longer to protect yourself. You run the risk of missing important dates, hearings, or settlement chances.

Is it Possible to Compel a Defendant to Accept Papers?

Papers cannot be physically imposed upon a defendant. However, acceptance is not required after the process server has confirmed their identity. Leaving the documents with a neighbour or other family member is often enough. In the event that the defendant refuses service, the process server may try again at a later time, leave the papers with someone else at your home, or seek court permission for alternative service.

 Parties could still be lawfully served even if they refuse to receive the papers personally, so long as the process server verifies their identification and follows all the correct protocols. In the event that the defendant fails to appear in court by the due date, the court may determine the matter without their participation due to a default judgement. The process server then submits a court-received sworn statement of service after service. A copy may be obtained by contacting the court or the legal company that is representing the matter. Dates, timings, images, and witness logs are all part of the documentation that our servers save for each attempt. Plaintiffs may use this evidence to ask the court to approve an alternate service.

Is Reversal of a Default Judgement Possible?

Yes, reversal of a default judgement is possible. However, there are usually more procedural barriers, more legal expenses, and no assurance of success when attempting to reverse a default judgement. The party seeking to vacate the judgement must quickly act, provide a valid defence, and demonstrate excusable carelessness (such as incorrect service or a significant illness) in order for the New York court to do so. Requests for relief are sometimes denied due to delays in obtaining them or because adequate defences are not presented. 

The motion for the default judgement is usually filed by the plaintiffs. In the Bricklayers case, defendants filed their move to vacate the default, after it had been granted. They argued that the plaintiffs knew, or should have known, their new location as they had relocated their offices. Defendants said that they were made aware of the lawsuit when the plaintiffs’ efforts to execute their judgement prevented payment from vendors and suppliers.

The district court has the authority to vacate a default judgement if it so chooses. According to the judge, it was appropriate to serve the party at the location provided in the CBA. The defendants said that they vacated the premises, but they failed to formally notify plaintiff of the relocation. The plaintiff was allegedly aware of or should have been aware of the change, yet the old address continued to appear on business correspondence and payroll records.

The issue of whether the defendants had been adequately represented became irrelevant due to the absence of a valid defence. The defendants did not contest their responsibility, although they did make conclusory claims about the appropriate amount. 

In cases where the defendant was served by methods other than personal delivery and did not get notice of the summons in time to fight the case, and if they have a valid defence to the action, New York law also allows them to vacate a default judgement. (CPLR 317.) In order to take advantage of this provision, the request to vacate the judgement has to be submitted to the court no later than five years after the judgement was entered, but no later than one year after learning of its entry. Clients may seek to remove default judgements in New York using the aforementioned provisions, but there are other grounds such as excusable default, fraud or other misbehaviour, and newly found evidence.

Traverse hearings and Overturning Default

In New York, a defendant may ask the court that issued a default judgement to overturn it. The Supreme Court or the District Court in Suffolk and Nassau counties is likely to handle this. If the defendant lives in a borough in New York City, the appropriate court to hear the case will be that borough’s Civil or Supreme Court. The defendant must include the legal grounds for seeking to vacate the judgement and a sworn statement from the defendant providing the facts to support their application in a ‘order to show cause’ that is used to apply to vacate a default judgement. The legal reasoning supporting the motion to vacate the judgement will be included in the order to show cause if it is drafted by an attorney.

A court reviews the motion to show cause and then specifies how the plaintiff and their lawyer are to be served with the necessary documents. Certified mail or overnight delivery are the usual methods for this. Another aspect of the order to show cause that the court will decide upon is the ‘return date,’ or the deadline by which the plaintiff is required to submit their response to the defendant’s request. On the return date, the parties are required by some courts and judges to present in court.

 A traverse hearing might be ordered by the court if there is a disagreement over the circumstances of the summons’ service. Process servers who served the summonses on behalf of the plaintiff are required to testify in traverse hearings on the manner of service. Not only will the defendant provide evidence, but so will any witnesses that the defendant may call upon.

The Idea of ‘Actual vs. Constructive Notice’ and Refusal

One important question is whether a defendant’s refusal of service means they don’t get ‘actual notice’ and whether that makes default proceedings less fair. Even though the law does not require actual receipt of service if the statutory method is followed, courts still make sure that service is done in a way that is likely to give notice. 

Courts are careful to tell the difference between simple refusal and actual concealment or avoidance that makes service impossible, even though refusal may be a sign of evasion. A defendant who refuses but still lives at the address or is easy to reach may be seen as avoiding service. A court may give weight to the server’s attempts and the refusal story. On the other hand, a party who refuses for a good reason or because they don’t know enough may say that the refusal didn’t mean they were avoiding service and that it should be looked at more closely. The relationship between good faith, evasion, notice, and default is complicated and depends a lot on the facts. The anatomy of jurisdiction is very important. Since default judgements depend on personal jurisdiction, which in turn depends on valid service, the whole case hinges on whether service was done correctly. 

Tips for how service of process

When a plaintiff thinks that a defendant might refuse service, they should not see refusal as a problem but as a reason to step up their service efforts and keep better records. It can be helpful to think of service attempts as a series of increasing efforts: the first attempt is personal service; if the person refuses, make a note of it and try again at different times and places. If necessary, consider substituted service under CPLR Section 308(2) or alternative service under Section 308(5).

After service is completed (even if the other party refuses), move on to the default motion without any unnecessary delays. The defendant’s refusal may help show that service was attempted and that the defendant is avoiding notice, but the delay may give the defendant more time to argue that service was ineffective or too slow.

The petitioner (plaintiff) may move for a default judgement if the defendant (respondent) does not reply or react within the specified time frame. The plaintiff may get what they want with a default judgement if the defendant does not answer or provide their side of the story.  It is vital to involve the help of a private process service agency like Undisputed Legal to make sure that no matter which side you may be on, service of process is conducted effectively.  

Best Practices: Handling Refusal of Process Service in New York

When facing a refusal, accuracy and documentation are key to preserving the integrity of your service. Follow these best practices to ensure compliance with New York process service laws:

• Confirm Identity Before Offering Papers:
  Verify the defendant’s identity through verbal acknowledgment or reliable confirmation.
• Offer Service Clearly and Verbally:
  Announce the nature of the documents — e.g., “These are legal papers for you” — before the defendant refuses.
• Document the Refusal Immediately:
  Record the defendant’s reaction, time, date, and location. Note key details such as whether papers were dropped at their feet or left in proximity.
• Complete and File the Affidavit of Service Promptly:
  The affidavit must include specific wording describing the refusal, ensuring compliance with CPLR §308(1).
• Avoid Physical Confrontation:
  Professionalism is vital. Never force papers into a person’s hands; presence and identification are sufficient.
• Rely on Experienced Process Servers:
  Undisputed Legal employs trained professionals who know how to handle refusals lawfully and document them effectively.

Case Studies: Refusal and Default in Practice

Case Study 1 – Valid Service Despite Refusal

In Bank of New York v. Stein, a defendant refused to accept papers after the server identified him at his residence. The process server documented the encounter, noting the defendant’s verbal refusal and placing the papers at his feet. The court ruled that service was valid under CPLR §308(1), and the plaintiff secured a default judgment.

Case Study 2 – Invalid Service Due to Incomplete Documentation

In contrast, Diaz v. Grant involved a similar refusal, but the process server’s affidavit failed to describe the exact refusal and physical proximity of the documents. The court deemed service invalid, emphasizing that specific detail in the affidavit is essential for refusal cases.

These examples illustrate why Refusal of Process Service in New York depends entirely on the process server’s professionalism and precision in documenting each encounter.

Why Choose Undisputed Legal

When handling Refusal of Process Service in New York, experience and compliance determine whether a court accepts your service. Undisputed Legal combines legal expertise, advanced technology, and statewide licensing to deliver results that hold up in court.

Clients trust Undisputed Legal because:

• All process servers are licensed, bonded, and trained under NYC and NYS standards.
• Every attempt is GPS-tracked and time-stamped for accuracy.
• Detailed affidavits include refusal language compliant with CPLR §308.
• We handle refusal, evasion, and court-ordered alternative service seamlessly.
• Our internal compliance team reviews every affidavit before filing.

With Undisputed Legal, clients gain the assurance that every service attempt meets strict procedural and evidentiary standards.

Conclusion

Refusing to accept legal papers does not protect a defendant from default judgment. Under New York law, service is complete when a process server identifies the defendant and makes a valid attempt, even if the papers are refused. Proper documentation is the key to ensuring that service is upheld.

Undisputed Legal empowers clients to navigate these situations confidently by combining compliance, precision, and accountability. When the validity of your service can determine the outcome of your case, trust professionals who know every procedural nuance of Refusal of Process Service in New York.

Order Process Service Today

If a defendant has refused service or is actively evading delivery, Undisputed Legal can help ensure your service remains valid and enforceable under CPLR §308(1).
Our experienced team handles all aspects of Refusal of Process Service in New York, from field documentation to affidavit preparation and court coordination.

Every attempt is GPS-tracked, timestamped, and professionally verified — so your case proceeds without delay.
Call (800) 774-6922 or visit UndisputedLegal.com today to order process service and protect your legal rights with absolute confidence.

WHAT OUR CLIENTS ARE SAYING

FOR ASSISTANCE SERVING LEGAL PAPERS IN NEW YORK

Click the “Place Order” button at the top of this page or call us at (800) 774-6922 to begin. Our team of experienced process servers is ready to assist you with reliable and efficient service of your documents, ensuring compliance with all legal requirements. We offer both comprehensive support and à la carte services tailored to your specific needs:

• Prompt and professional service of process
• Accurate completion of affidavits of service
• Rush service for time-sensitive matters
• Skip tracing for hard-to-locate parties
• Detailed reporting on service attempts

Don’t risk case delays or dismissals due to improper service. Let Undisputed Legal’s skilled team handle the important task of serving legal papers for you. Our diligent, professional service helps attorneys, pro se litigants, and parents ensure their papers are served correctly and on time.

Take the first step towards ensuring proper service in your case – click “Place Order” or call (800) 774-6922 now. Let Undisputed Legal be your trusted partner in navigating the critical process of serving your documents.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

¹ The Supreme Court of the State of New York, Appellate Division, Second Department ‘without proper service of process, a default judgement can be set aside at any time.’ Rodriguez v Rodriguez 2012 NY Slip Op 08713 Decided on December 19, 2012 Appellate Division, Second Department Leventhal, J.

² https://undisputedlegal.com/can-you-refuse-service-of-process-in-nyc-legal-facts-to-know/

³ Gehring v. Goodman, 25 Misc. 3d 802, 884 N.Y.S.2d 646 (Sup. Ct. 2009)

⁴ How to serve papers when commencing an action or proceeding. (n.d.-q). https://www.nycourts.gov/legacyPDFs/courts/6jd/forms/SRForms/servproc_howto.pdf

⁵  If the defendant does not answer by the end of that window and the plaintiff files the right motion for default judgement (with proof of service, an affidavit of facts, and so on), default may be entered.

⁶ See Rule 321(a) of the Civil Practice Law and Rules (CPLR).

⁷ On or before the due date, submit the original document to the General Clerk’s Office at 60 Centre Street, together with evidence of service.

⁸ Part 208. uniform civil rules for the new york city civil court | nycourts.gov. (n.d.-aa). https://ww2.nycourts.gov/rules/trialcourts/208.shtml 

⁹ CPLR 3018(b) and CPLR 3211(e).

¹0 There is a filing cost of $45 that the party must pay

¹1 Defendant will submit it for service no later than ten days after the date on which the court serves the order rejecting the motion.

¹2 Judgement was denied on the grounds that the search warrant was not detailed enough, but the ‘good faith’ exemption to the exclusionary rule was used in the case of United States v. Cwibeker, 12 CR 0632 (EDNY, Dec. 31, 2014).

¹3 Bricklayers Insurance and Welfare Fund v. Sukhmnany Construction, 13 CV 6803 (EDNY, Dec. 22, 2014).

¹4 The Supreme Court has narrowed the scope of Rule 60(b)(4), which permits the vacatur of ‘void’ judgements, to certain situations where due process has been violated or when there is a lack of jurisdiction.

¹5 An order to show cause to vacate a default judgement may often include a request for a TRO, or temporary restraining order. While the court deliberates, a TRO will stay the plaintiff’s efforts to enforce the judgement. In situations when the plaintiff seeks to collect money or assets from the defendant, this can be crucial.

¹6 Traverse hearing | NY courthelp. (n.d.-ag). https://nycourts.gov/courthelp/AfterCourt/traversehearing.shtml 

DIRECTIONS TO OUR NEW YORK CITY HEADQUARTERS

For access to our New York City corporate headquarters at One World Trade Center, 85th Floor, please click the embedded map and call ahead to be added to building security. Be sure to bring all necessary documents and payment to expedite your visit. Undisputed Legal Inc. maintains offices in New York, New Jersey, Connecticut, and Washington D.C. We provide legal support services in all 50 states and over 120 countries worldwide.