on friday my son found a summons for court to my husband from a collections lawyer in are mailbox no envelope ! is this legal? I thought you had to be surved in person or reg mail! dose anyone No ! I live in NY .

I found a summons in my mail box in May, This was from a lawyer who was now representing a collections company that had bought my account from 2003.
(I thought this was paid when I filled out the Insurance forms that where provided by the credit card company when I was sick). I filled out an answer form with my side of story and filed it with the court .Sent a certified copies to the lawyer of the answer form as well as a validation of debt letter. I received my court date in the mail on the first of June , (Court date set for August ) Thought well I will get my day in Court! Well Friday I receive a letter from the Lawyers office with 3 copies of stipulation discontinuing action form . Anyone Familiar with This ? I would like more information on stipulation discontinuing action .

Motherofmany

Well today we went to court ! This how it went
we signed in at 9:30 court was at 10am little early is good .Cases are called we get called
around 10:45 no attorney so Judge said we would give it a second call !! Well sit for about an hour 1/2 come down to three other people in the court .We think well we have this one judge calls us up still no attorney for the plaintiff! The judge starts telling us that he doesn’t understand why the attorney has not shown & he is going to dismiss the case. I ask the judge if he could dismiss with prejudice .He said that would not be fair ,He would have to give him a chance as well as if we didn’t attend! Things do come up!! I explained that I have asked many times for documents and still
nothing this has gone on for months. he then said well he going to dismiss the case and
finishes by say that they could refill at a later date & that I should save my paperwork.
Well It’s not the decision I wanted But it is still a small victory!
Now My new problem!!! Well coming home from court I check my mail box You would not believe this !! There in my mailbox a letter from ERIC M Berman P.C I have A notice of judgment against me as of July 7,2009. turn around drive back to court house explain to clerk that I just received this letter and can she please look it up, their and behold a judgment ! I explain I have never received any notice ,summons or anything
from this attorney that if she had a vacate to default judgment form no just an info sheet
regarding default judgment. Dose anyone have a template ?
I am going to use the defense “This is the first I heard of Eric M Berman, P.C , LVNV Funding, LLC I have never been provided with any summons or complaint about this debt. Because I was never served and given notice of this I did not appear and answer in the Clerk's Office on such summons and was not given a chance to defend myself in this matter.
Any help ! will be appreciated……..

mr.yet

Was the hearing for the same thing? If so go to the court and get a copy of the dismissal and file a Motion to Vacate the Default judgment with prejudice, since the plainitff fail to appear. AS for the no notice, File Motion to reconsider due to lack of proper service,File a Motion to for judgment against he plaintiff for expense incurred.

As for the judge statement " He would have to give him a chance as well as if we didn’t attend! " totally bull, if you didnt show up a default judgment would have been granted against you.

Motherofmany

Mr. yet
No separate cases, the dismissal today’s was for the husbands case
The judgment was mine !!
I had a sears account I closed in 2005 that charged services to my account that I did not authorize or order ,Even after speaking to customer services
about these unauthorized services (Credit service monitoring , Account Ins.) would always show up on statement Finally I canceled card.
This is where I am 4 years later.
“As for the judge statement " and “coming home to this in the mail “ !!
Well this is what I get for thinking to much! Then I got angry so
Now I need a crash coarse on how to file a Motion to Vacate the judgment !
I would like to be at the court first thing in the morning with this if it takes me all night!!!
I will not go down without a fight!

Motherofmany

What do you make of this I am looking over the affidavit of service it is stated that this person attempted to deliver four times 12/22/08, 12/23, 12/29, 12/30 and on this date he affixing a copy to my door / as well as sent a copy by mail when unable to locate the defendant or recipient of suitable age, He also states that he ask a person whether me the (defendant) was presently in the military service (away). This is strange there are 6 people living in my home 4 of use are adults 2 in there teens. But nobody home for the holidays but he talked to somebody! Not to think eight months later I get something! Who is playing fare!

JudyKayTee

I don't know if anyone is playing "fare" or not but that's a standard Affidavit of Service. The times he attempted to make service have to be listed in my State.

Did you get the copy affixed to your door and the copy sent by mail?

If you did not, that's your defense - take the 4 adults and 2 teens to Court with you with proof that someone was always home.

Motherofmany

Thank you Kay!
your input is always appreciated.
it is always food for thought!

Motherofmany

No Kay I received nothing!
may I ask , Because you are knowable about the subject would the server not list things
he might have in countered while placing something on ones door. I only ask Because he would have in countered my two large dogs when he went to the door, to place the summons & even though they are the two of the biggest scardy cats they make you know that the are there! Also I have had mail delivery problems in past & I live in a town that has two municipalities west & east that creates dual address situations. I just happen to live on this road! I am going to send a copy of us postal service letter stating so Lets hope someone on the other side of town didn’t get me summons.

JudyKayTee

Nope, here's how it works in NY where I own and operate a process service company.

"I" make three good attempts at service - that's three attempts at different times of day (for example, 10AM, 5PM, 8PM), preferably (but not necessarily) on at least two different days. If "I" find no one home I "nail" (stick in the door) the papers and follow up by sending a copy of the papers by first class mail to the same address where "I" attempted service.

As a side note, I don't verify addresses. I use what the Attorneys give me. For example, if you live in South City and the papers just say "City," I very possibly would be at the wrong address.

I have never lost an argument about serving papers (when someone claims they were not served) because I require my servers to - as you have VERY WISELY (by the way!) suggested - make notes about what they encounter. For example, car in driveway, license plate XXX; large dog in window. If a server asks a neighbor (without disclosing the reason) when the person will be home, that is also noted. It's just a good way to ensure that service is legal and that some renegade would be process server isn't simply sitting home, never attempting service, filling out Affidavits.

If personal service is made - and I realize this is not the case here - my servers also make notes: "Hallway is painted blue; painting of sunflowers on wall," whatever they note.

And thank you for the nice words -

Motherofmany

Do you think this is over kill!
City County of :
State of New York:

_____________________________________________
Plaintiff

AFFIDAVIT IN SUPPORT OF
ORDER TO SHOW CAUSE
Against TO VACATE A JUDGMENT
RESTORE TO THE CALENDAR.
DOCKET#


Defendant
______________________________________________

State of new York, County of xxxxxxx ss:

I XXXXXXXXXXX, Being duly sworn deposes and say;
1. That I reside at XXXXXXXXXXXXXXXXXXX in the
County of XXXXXX I am the party named as defendant in the above entitled action

2. I request that the court issue an order to vacate the judgment entered on July 7,2009 and
re-opening this case.

3. On August 12,2009 I received a letter from the office of Eric M Berman, P.C attorneys at law stating that a judgment had been found in there favor against me in your court. I contacted xxxxxxxxxxx court clerks on august 13,2009 to confirm the information , I then preceded
to the xxxxxxxxxxxxx court to get copies of such documents .

4. This is the first I heard of Eric M Berman, P.C , LVNV Funding, LLC I have never been provided with any summons or complaint about this debt. Because I was never served or given a notice of this I did not appear and answer in the clerk's office on such summons and was not given a chance to defend myself in this matter.

5. After looking over the affidavit of service I feel that there are inconsistency with this document Mr. xxxxx states that he attempted to delivery such summons on 12/22/2008 at 6;30 pm to me the defendant at my address but was unable to find the recipient (Defendant ) or a person of suitable age .But I was at home with my family and anyone of us would be of suitable age to except such summons. He also states that he was unable to delivery such summons on 12/23/2008 7;00 am & 12/29/2008 1;08 pm That he was unable to find a person of suitable age. Though he spoke to someone about whether I , the defendant was in the military service and never list a physical description of such person. Mr. xxxx spoke to someone, though after speaking to my neighbors no one remembers speaking to him. We have had issues with undeliverable mail in the past due to 911 Changes & two municipalities west & east that creates dual address situations within are townships. This may be the reason I never received such notice.

6. I feel I have a good defense, I believe that Sears the original creditor charged services to my account that I did not authorize or order causing this debt . I have no business relationship with the plaintiff . LVNV Funding, LLC and or Eric M Berman, P.C attorneys at law. That the plaintiff are not the original creditor .That I have never signed any contract directly with such plaintiff . LVNV Funding, LLC and or Eric M Berman, P.C attorneys at law. Under the FDCPA laws ,I the defendant have the right to have this debt validate and no such action has a cured

7. I have not had a previous Order to show cause regarding this docket Number
__________________________________________________ ____________________________
I request that the Judgment be vacated, that the case be restored to the calendar, and permission to serve these papers in person.
_________________________
Defendant in Person
__________________________
Defendant’s Address

Sworn to before me this

________ day of _______________,20_____. _____________________________
Notary Public

JudyKayTee

I think it's good - but check your spelling. You say "delivery" when we know you mean "deliver," a couple small things like that.

I have always found if you are NOT an Attorney PLAYING Attorney only offends the Court. You have used legal language and a legal format but explained the situation as a "lay person," and I think that is very good.

I think you did a very good job - isn't overkill but still explains things.

You'll do okay - in fact, you'll do better than okay. That's my prediction.