New York City Debt Collection Defense Attorney

Process server doesn't show up; case dismissed

At my traverse hearing (to resolve the issue of jurisdiction) today, debt collection firm, Forster and Garbus, discontinued its lawsuit against my client. At a traverse hearing, the plaintiff's process server must testify as to the propriety of service of a summons. He or she is subject to cross-examination.

The plaintiff in this case, NorthStar Capital Acquisition, LLC A/P/O Chase circuit city, has sued my client for $4,200. His default (non-appearance in court) caused Northstar to enter a money judgment against him in January of 2008. Aside from the clear lack of jurisdiction, the plaintiff's case is utterly devoid of evidence. The plaintiff's proof with its application for a default judgment was either non-existent or inadmissible hearsay.