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 .

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

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 .


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.

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

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.

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

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!

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.

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

Thanks for coming back - job well done!

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……..

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 didn't show up a default judgment would have been granted against you.

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 too 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!

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!

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!



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.

Thank you Kay!
Your input is always appreciated.
It is always food for thought!

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.

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.

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.



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 -

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

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.

Kay
As always your input is appreciated. Thank you!
This site is a keeper in my favorites ,Thank you to all that give input
I away think you are never to old to learn & try in brace it.
Wish me luck Im off to the court house!

Questions”

Lets say the judge issue an order to vacate the judgment!
I Get my copy from court house, Blank Affidavit of service paper.
Arrange to have them served. How much dose that run about?

Do I then serve my Answer to the courts & attorney ?

Can I request in my answer to the court & attorney that the plaintiff validate
The debt they claim I owe.

When Can I send out validation request?

How dose the order of things work?

Well Judge signed Paperwork :)
Judge marks off " Affidavit of service by mail " that works for me!
So I will have the husband send it out & fill affidavit have it notarized & wait for return receipt ,Attach to Affidavit send back to court! Then wait for court date!
So while I wait I need to send out answer to summons (court, Lawyer ) & Validation of debt .

Well Judge signed Paperwork :)
judge marks off " Affidavit of service by mail " that works for me!
so I will have the husband send it out & fill affidavit have it notarized & wait for return receipt ,Attach to Affidavit send back to court! then wait for court date!
so while I wait I need to send out answer to summons (court, Lawyer ) & Validation of debt .



When this is done you'll be a qualified expert on this board - congratulations!

When this is done you'll be a qualified expert on this board - congratulations!

I don't know if I would qualified as an expert ! But will try to continue to pass on the knowledge & support like I have seen here.

The quite before the storm! I don’t quit, no what to make of it!
I signed up FICO to keep an eye on my credit!
Today I get an alert LVNV Funding ,LLC (The company sueing me )removed everything from my credit report!!
That is odd because I just sent out my “Validation of debt letter’! No green card yet! We will just have to wait & see!

Well today I received my Green Card sent it all into court!( made copies First) . Put in for my day off from work ,sent out all letters , now all I can do is wait!
!:eek: wish me luck!

Today in the mail I received
"Affirmation in opposition to order to show cause"
I am thinking that this is the plaintiff attorney sending
Me notice that he opposes
The motion to vacate judgment.
Can anyone give me more info on his !
Maybe a small crash course
I am going to court on Thursday (9/17/09)

"Affirmation in opposition to order to show cause"

Judy , Mr. Yet !
Would you happen to know if I have to reply to this in writing?
Or is this just formalities in letting me know that they oppose!
I have court on 9/17 and I received this just yesterday.

Went to court today ! No show for lawyer.
Judge noticed that lawyer sent a” Affirmation in opposition to order to show cause"
He ask if I had received a copy. I told him that I just received it! He ask if I had a reply, I told him I wasn’t able to look it over .He said because I just received it to look it over & if I have a answer That I should have it into the court by next Thursday!I will answer ! Send into court,send a copy to lawyer!

Today I received a letter from the court, the judge agreed with my answer to the
Affirmation in opposition to order to show cause that the plaintiff attorney sent
(that he opposes my motion to vacate judgment). We have a traverse hearing set for December. So I will just sit & wait for my day in court again!
I sent request for validation of this debt. But still nothing so I think I will send a second request and forward info to the court just for the record.

Kay!! What do you make of this!
Went to my traverse hearing today, went ½ early two very long cases, several small ones
I am called up 2 hours later ,
Judge ask the lawyer state his name, states his complaint “yada “yada”
Ask me to state mine swears use in.
Lawyer call first witness Process server !
Ask name, where he works, how long,
Then he goes into dose he remember the summons ?He doesn't recall
Lawyer asked him again ! He asked him if he delivered a summons to address ,But left out west or east or west then goes to shows him the summons I object !
The judge said he should recall by memory!
The judge asks if he recalls anything about summons residence, Color of house etc.
He doesn't recall He states! It's been a year and he delivers 75 of these a day!!
Lawyer ends his questions!
Judge asked me if I had any question for the witness !I said yes
I ask him East or West ? Doesn't recall
Asked color of house , cars in driveway ,animals?” “
He stated that he affixed it to a door what door had he left it at? “ “
How familiar he was to the area ? He said he no the area sum what!
Delivers summons all the time!
This is where it gets good!!
I ask him who he talk to ! “He can't recall”
I said to the judge he doesn't recall anything how is he to mark this stuff off
& swear about it but not recall!
Judge said do I have any more question I said No!
So the judge steeps in and asks him why he didn't recall talking to anyone about weather I was in the service or not? He stated your honor my boss checks that off or he makes use check it off every time I serve someone!! (Remember 75 A Day!! )
So you didn't speak to anyone about defendant . Yes your honor I just check it off!!
The judge goes into how he is not suppose to do that ,That he needs to speak to his employer ! Ends with granting my request to vacate judgment!
I am floored I stand there in shock I now have to wait until paperwork comes to me!!

It been almost three months & still nothing from the Courts!
Is this normal?

It been almost three months & still nothing from the Courts!
Is this normal?

You should have lodged the order to vacate judgment for the judge to sign.

It been almost three months & still nothing from the Courts!
Is this normal?

Call the Clerk's Office and see if the Judge signed this Order. You can then go down and pick up a copy of it for your files.

You should have lodged the order to vacate judgment for the judge to sign.

Not every "lay attorney" like this lady knows enough to do this. Just saying "you should have" is like saying drivel to a person who is not aware that they HAD to prepare the Order for the Judge's signature.

The OP can STILL prepare an Order to Vacate Judgment if the Judge has not signed an Order on this matter yet.

Sometimes it takes awhile for the Judge to dictate an Order to his Judicial Assistant to prepare for his signature. They are busy people, you know, and are not just "paper pushers" down at any Judge's office.

You should have lodged the order to vacate judgment for the judge to sign.

I summited a copy of a motion & proposed order back in Dec.

Call the Clerk's Office and see if the Judge signed this Order. You can then go down and pick up a copy of it for your files.

I will call the clerk on Monday!

Not every "lay attorney" like this lady knows enough to do this. Just saying "you should have" is like saying drivel to a person who is not aware that they HAD to prepare the Order for the Judge's signature.

The OP can STILL prepare an Order to Vacate Judgment if the Judge has not signed an Order on this matter yet.

Sometimes it takes awhile for the Judge to dictate an Order to his Judicial Assistant to prepare for his signature. They are busy people, you know, and are not just "paper pushers" down at any Judge's office.


I dotted all my .'s ! Crossed all my T's .Sent all my paperwork ASAP Like a good newbie !motion & proposed order ! Read, Read, Read, & have waited patently.
I understand the courts are busy ! I was just asking in general .
I will call the courts on Monday & just ask!

I summited a copy of a motion & proposed order back in Dec.

Ok. Good. Then you are on the right track with your plan to call Monday.

Well called!
They are backed up & they are still on November cases ,So I will wait & check in every month until it happens!

Well called the court again!
After a lengthy conversation with the civil court clerk .
I explained I did not get a copy of signed order. pay my fee & get a copy.
By reading it I could tell the judge didn’t even give my proposed order a chance
He signed this order eights days after my court day. According to the court paperwork
I had ten days to respond & I submitted mine on the ninth day.
Small victory but I will take it !So I wait & see if they serve me again!
Go from there!
In the mean time I will continue to read up on everything about the subject!
Thank you ! For all the help!

When I have a pet peeve I post it and so when something REALLY GOOD happens, I post that, too.

Motherofmany sent me a PM thanking me - doesn't happen often but I was very, very pleased.

We all contribute to the answers and so the thank you belongs in part to all of us and I thought "you" would like to know.

Seldom does anyone say thank you - but to take the time to contact me. Amazing and gratifying!