Subpoena papers being served

Question

Jul 21, 2008, 09:55 AM

droses69

New Member

Join Date: Oct 2007

Posts: 1

Subpoena papers being served

If a processor knocks on your door to serve papers but your legal name is not on it (ex. Thomas and name is really tom or Victoria and your legal name is Vicki) do you have to take the papers?

Answers

Jul 21, 2008, 10:14 AM	#2

JudyKayTee

Expert

Join Date: Oct 2007

Location: NY State

Posts: 18,239

Quote:

Originally Posted by droses69

If a processor knocks on your door to serve papers but your legal name is not on it (ex. Thomas and name is really tom or Victoria and your legal name is Vicki) do you have to take the papers?

In NYS, yes, if you have ever gone by that name it's legal service. The papers do not have to be in your legal name.

You can always answer that you have never used that name but if the service is dismissed the papers will simply be re-filed and served in your legal name - or whatever name(s) you have used.

Comments on this post

droses69 agrees: Thank you, I can now tell my neighbor that she has to take the papers.

Jul 21, 2008, 10:18 AM	#3

ScottGem Computer Expert and Renaissance Man Join Date: Jan 2003 Location: LI, NY - USA Posts: 33,670 Pay to call ScottGem for advice ($.75/min)	Taking this a step further. If you refuse service because of such a technicality, then you are just posponing the inevitable. You can not argue you knew nothing about the suit. Comments on this post droses69 agrees: yes, i wasn't sure on this so i told let my neighbor i would search it out for her. thank you

Jul 21, 2008, 02:03 PM	#4

JudyKayTee Expert Join Date: Oct 2007 Location: NY State Posts: 18,239	[quote=Comments on this post droses69 agrees: Thank you, I can now tell my neighbor that she has to take the papers..[/QUOTE] If she has questions after she's served she's welcome to come back and see what to do next - or you can ask for her.



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