Skip to main content

I received a letter in the mail from a law firm yesterday which included a copy of a Summons & Complaint. The letter stated

Syracuse, NY |
Filed under: Lawsuits and disputes

that by law that had to provide a copy to me as a additional notice. The Summons & Complaint was filed 9/17/12. I was never served either personally or by mail with this S&C. I never saw this S&C until yesterday. My time to respond has lapsed. How can I prove that this was never served on me. I would never not respond and let them take a judgment against me. What can I do. How can I prove this? How can they do this?

Attorney Answers 3


It appears that you were served with an additional copy of the Summons as required by CPLR 3215(g)[3] where the plaintiff is suing you for alleged non-payment of a debt and is getting ready to make an application to enter a default judgment against you.

Go to the County Clerk's office and see what the affidavit of service states regarding how you were supposedly served in 2012. Once you have that information you will know what you have to respond to.

Please engage an attorney in your area by using the Avvo find a lawyer function or contacting the Onondoga County Bar Association for a referral. It is not a good idea to try to handle this on your own.

Good luck

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.

Mark as helpful

3 lawyers agree


Check with the Court to see if a default judgment has been issued and if not hire a lawyer or call the plaintiff yourself to get an extension of time to answer. If this is something you have insurance for (such as an auto accident) contact your carrier ASAP and they will assign a lawyer to defend you.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Mark as helpful

3 lawyers agree


If a default judgment has been entered against you, you may need to make to vacate the default.

It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. <a href="">Please visit us on the web.</a>

Mark as helpful

2 lawyers agree

Lawsuits and disputes topics

Recommended articles about Lawsuits and disputes

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics