This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.
A Rochester New York Notice of Motion to Vacate for Lack of Service is a legal document filed by a party in a court case who alleges that they were not properly served with legal papers related to the case. This document is used to request the court to vacate or set aside any previous judgments, orders, or decisions made in the case due to the lack of proper service. In Rochester, New York, there are different types of Notice of Motion to Vacate for Lack of Service. These include: 1. Notice of Motion to Vacate Default Judgment for Lack of Service: This type of motion is filed when the party was not properly served with the initial summons and complaint or failed to respond within the required time frame, resulting in a default judgment being entered against them. The motion aims to vacate the default judgment based on the lack of proper service. 2. Notice of Motion to Vacate Order of Garnishment for Lack of Service: This motion is employed when the party believes that they were not properly served with the order of garnishment, which allows a creditor to collect money directly from their wages or bank accounts. The purpose of this motion is to request the court to set aside the garnishment order due to improper service. 3. Notice of Motion to Vacate Judgment of Divorce for Lack of Service: This particular motion is used in divorce cases where one party claims that they were not properly served with the divorce judgment or the initial divorce papers. The motion seeks to vacate the judgment of divorce based on the lack of valid service. In each of these cases, the Notice of Motion to Vacate for Lack of Service must be filed with the appropriate court, accompanied by supporting affidavits or other evidence demonstrating that the party was not served or was served improperly. The motion requests the court to reopen the case and consider the matter anew, taking into account the lack of proper service. It is important to note that specific rules and procedures may vary in different jurisdictions, so it is necessary to consult the relevant statutes and local court rules when preparing and filing a Notice of Motion to Vacate for Lack of Service in Rochester, New York. Seeking legal advice from an attorney experienced in family law, civil litigation, or the specific area of law pertaining to the case is highly recommended ensuring compliance with the correct procedures and increase the chances of a successful outcome.A Rochester New York Notice of Motion to Vacate for Lack of Service is a legal document filed by a party in a court case who alleges that they were not properly served with legal papers related to the case. This document is used to request the court to vacate or set aside any previous judgments, orders, or decisions made in the case due to the lack of proper service. In Rochester, New York, there are different types of Notice of Motion to Vacate for Lack of Service. These include: 1. Notice of Motion to Vacate Default Judgment for Lack of Service: This type of motion is filed when the party was not properly served with the initial summons and complaint or failed to respond within the required time frame, resulting in a default judgment being entered against them. The motion aims to vacate the default judgment based on the lack of proper service. 2. Notice of Motion to Vacate Order of Garnishment for Lack of Service: This motion is employed when the party believes that they were not properly served with the order of garnishment, which allows a creditor to collect money directly from their wages or bank accounts. The purpose of this motion is to request the court to set aside the garnishment order due to improper service. 3. Notice of Motion to Vacate Judgment of Divorce for Lack of Service: This particular motion is used in divorce cases where one party claims that they were not properly served with the divorce judgment or the initial divorce papers. The motion seeks to vacate the judgment of divorce based on the lack of valid service. In each of these cases, the Notice of Motion to Vacate for Lack of Service must be filed with the appropriate court, accompanied by supporting affidavits or other evidence demonstrating that the party was not served or was served improperly. The motion requests the court to reopen the case and consider the matter anew, taking into account the lack of proper service. It is important to note that specific rules and procedures may vary in different jurisdictions, so it is necessary to consult the relevant statutes and local court rules when preparing and filing a Notice of Motion to Vacate for Lack of Service in Rochester, New York. Seeking legal advice from an attorney experienced in family law, civil litigation, or the specific area of law pertaining to the case is highly recommended ensuring compliance with the correct procedures and increase the chances of a successful outcome.
