Vacated Judgement and Statute of Limitations in New York

[wacgar88]

I again write a post on the following.

Facts:

-Default judgment by plaintiff because no response was received from summons.
-Improper service is defense. They state they served someone that does not exist at house (name or description). Also, as per alternate requirements they are to mail second copy which was address (zip code) wrong.
- Judge seems to be on the fence whether defendant was improperly served.
- plaintiff attorney changes every time we go to court.
-Note defense will prevent them from suing because statue of limitations has expired.


Question:

If I provide reasonable doubt that I was properly served is the "burden of proof" with the Plaintiff to show that I was properly served? If a process server shows up, by them saying they served me properly reinforce the fact that I was served properly although the affidavit of service contains defects?

If they determine that service was proper does the judgment get vacated anyway and restrained $$ gets released until hearing date?

What evidence does the plaintiff need to provide to prove the debt? Original agreement, statements, signed reciepts, itemized detail of how they determined debt?????

[Mr. Knowitall]

If the court permits service to be made on the file based ""upon good cause shown or in the interest of justice, based upon the timely filing of the complaint, it's possible for the case to proceed.

Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause shall be made within one hundred twenty days after the filing of the summons and complaint, summons with notice, third-party summons and complaint, or petition, provided that in an action or proceeding, except a proceeding commenced under the election law, where the applicable statute of limitations is four months or less, service shall be made not later than fifteen days after the date on which the applicable statute of limitations expires. If service is not made upon a defendant within the time provided in this section, the court, upon motion, shall dismiss the action without prejudice as to that defendant, or upon good cause shown or in the interest of justice, extend the time for service.

I am not in a position to guess what evidence the plaintiff may or may not have to support its claim of a debt.