How do I prove my company was never served a summons

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How do I prove my company was never served a summons

Anonymous Jun 30, 2011 Business 2 views 2 answers

My LLC is being sued by a Corporation. I was made aware of this when I received a notice from the court stating they were going to award the plaintiff a default judgment. The issue is we were never served a summons so I didn't have the opportunity to answer the complaint. I just had a process server company go to the court house and pull the summons and affidavit of service. Strange as it might be they said there was no Affidavit of service in the file. Is this possible? What is my next step? The court has agreed to give me a few days to respond to the motion to obtain the default judgment

Jeffrey Gold · Accepted Answer · 2026-06-15T10:34:48+00:00

If there is a significant amount at stake, you hire an attorney to bring on a motion to vacate the default if one has been entered or to require the Plaintiff to accept an untimely answer if one has not. The rules of service are complex, and although you could try to do it yourself, you run the risk that the Court does not believe you or that you fail to file the proper papers in a timely manner. If you challenge the process server's affidavit, the court will schedule a traverse hearing, where there will be testimony taken.

Eric Rothstein · Accepted Answer · 2026-06-15T10:34:48+00:00

I am surpised that the Judge didn't tell you to get a lawyer because in New York a corporation must be represented by an attorney. The owner cannot represent the LLC if he/she is not an attorney. As far as the motion for a default judgment, the plaintiff has to prove that service was made so there is probably an affidavit of service attached as an exhibit to the motion. Not all affidavits of service have to get filed in court. I suggest you retain counsel to deal with this as navigating legal procedure is not easy.

How do I prove my company was never served a summons

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