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 .

mr.yet

MAy be violations of United States Postal Service Regulations, place items in a mailbox

JudyKayTee

It's legal service - it's "nail and mail" service. A copy should now be mailed to you to complete service. In NY you CANNOT legally be served by registered mail and you CAN be served in one of three ways - personal service (on your person); substitute service (person in household of legal age who accepts papers); nail and mail (leave on property and follow up by mail).

The process server may have had two choices - post it on your door for your neighbors and anyone passing by the see OR put it in the mailbox. Servers prefer NOT to place it in the mailbox BUT if they post it on the door, then people complain about that. In theory the mailbox is a "safe" place. You can always report the Attorney to the Post Office.

I run a process service company - in NY.

Motherofmany

thank you judy for that info! It's good to know!

JudyKayTee

A Stipulation Discontinuing Action basically means that they give up their claim(s) against you; you give up your claim(s) against them. You jointly agree that it's over!

Make SURE there is a provision that this matter cannot be refiled or you will be in the same place some time in the future.

You can also refuse to stipulate (agree), go to your day in Court and have the case formally dismissed by the Judge.

Sounds to me like the collection agency/law firm didn't know it had been paid, read your papers, realized it had.

At any rate - congratulations! I don't see a lot of this!

Just make sure you are protected from additional/future claims and make sure there is a provision that this NOT be reported to the credit bureaus and, if it has, that it be removed from your credit report.

Fr_Chuck

Please do not start new threads ( questions) for the same or simular questions.

You need to merely add more info by answering your own question.

One duplicate post has been deleted and the other one merged with this post

Motherofmany

Kay,
I am thinking of sending them a letter Sounds Something like this I would advise them that I was will conditionally consent if they dismiss their case with prejudice and provide verifiable written proof to me from 3 credit reporting agencies that this has been removed from my record .Sound about write!
Thank you for the info!

Chuck, sorry Thought I place it in wrong area & tried to correct it!

JudyKayTee

That would absolutely work for me - if they don't consent you have lost nothing because if they are ready to settle by Stipulation they are not willing to take this to Court.

Motherofmany

Update!
I check my credit report today and all was removed,though i have not received anything from the lawyers office yet!

JudyKayTee

Thanks for coming back - job well done!