Bronx New York Affidavit In Support of Motion To Vacate For Lack of Service

• Category: New York Family Law - Statewide - Divorce - Affidavits
• State: New York
• County: Bronx
• Control #: NY-5-17B
• Format: Word; Rich Text

Description

Affidavit in Support of Motion to Vacate for Lack of Service Bronx New York Affidavit in Support of Motion to Vacate for Lack of Service is a legal document used in Bronx County, New York, when a party wishes to have a court order vacated due to a lack of proper service of process. Service of process is the legal notification process that ensures all parties involved in a lawsuit are notified about the proceedings and have an opportunity to respond. When filing a motion to vacate for lack of service, the party must provide an affidavit in support of their claim. This affidavit serves as a sworn statement that details the specific reasons why the service of process was improper. It is essential to include all relevant information and supporting evidence to convince the court to vacate the order. The affidavit should clearly state the following: 1. Parties involved: Identify the names and addresses of the plaintiff(s) and defendant(s) in the case. 2. Lawsuit details: Provide the name and docket number of the lawsuit in which the motion to vacate is being filed. 3. Lack of service: Clearly explain why the party believes there was a lack of proper service. Include details such as dates, times, and locations where attempts at service were made or should have been made. 4. Supporting evidence: Include any supporting documentation that proves the lack of service, such as photographs, witness statements, or records of attempted service. 5. Diligent search efforts: Describe the diligent efforts made to locate and serve the defendant(s). This can include hiring process servers, conducting searches, or contacting known addresses or workplaces. 6. Affine's knowledge: Assert that the statements made in the affidavit are true and based on the affine's personal knowledge, belief, or information gathered from reliable sources. It is important to note that there may be different types of Bronx New York Affidavits in Support of Motion to Vacate for Lack of Service based on the specific circumstances of the case. These may include: 1. Affidavit of Personal Service Lacking: Used when the party believes that personal service was not properly carried out. 2. Affidavit of Substitute Service Lacking: Used when the party believes that substitute service (such as leaving the documents with a family member or cohabitant) was not properly executed. 3. Affidavit of Service by Mail Lacking: Used when the party believes that service by mail was not properly conducted. It is crucial to consult with an attorney familiar with New York State laws and rules of civil procedure to ensure that the correct type of affidavit is filed in support of the motion to vacate for lack of service.

Bronx New York Affidavit in Support of Motion to Vacate for Lack of Service is a legal document used in Bronx County, New York, when a party wishes to have a court order vacated due to a lack of proper service of process. Service of process is the legal notification process that ensures all parties involved in a lawsuit are notified about the proceedings and have an opportunity to respond. When filing a motion to vacate for lack of service, the party must provide an affidavit in support of their claim. This affidavit serves as a sworn statement that details the specific reasons why the service of process was improper. It is essential to include all relevant information and supporting evidence to convince the court to vacate the order. The affidavit should clearly state the following: 1. Parties involved: Identify the names and addresses of the plaintiff(s) and defendant(s) in the case. 2. Lawsuit details: Provide the name and docket number of the lawsuit in which the motion to vacate is being filed. 3. Lack of service: Clearly explain why the party believes there was a lack of proper service. Include details such as dates, times, and locations where attempts at service were made or should have been made. 4. Supporting evidence: Include any supporting documentation that proves the lack of service, such as photographs, witness statements, or records of attempted service. 5. Diligent search efforts: Describe the diligent efforts made to locate and serve the defendant(s). This can include hiring process servers, conducting searches, or contacting known addresses or workplaces. 6. Affine's knowledge: Assert that the statements made in the affidavit are true and based on the affine's personal knowledge, belief, or information gathered from reliable sources. It is important to note that there may be different types of Bronx New York Affidavits in Support of Motion to Vacate for Lack of Service based on the specific circumstances of the case. These may include: 1. Affidavit of Personal Service Lacking: Used when the party believes that personal service was not properly carried out. 2. Affidavit of Substitute Service Lacking: Used when the party believes that substitute service (such as leaving the documents with a family member or cohabitant) was not properly executed. 3. Affidavit of Service by Mail Lacking: Used when the party believes that service by mail was not properly conducted. It is crucial to consult with an attorney familiar with New York State laws and rules of civil procedure to ensure that the correct type of affidavit is filed in support of the motion to vacate for lack of service.