Someone else signed for papers in 2005 and now I am going to court for not paying. I never knew anything about it. The judge said that I needed proof that I wasn't properly served. If someone else signed,wad I properly served?
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Someone else signed for papers in 2005 and now I am going to court for not paying. I never knew anything about it. The judge said that I needed proof that I wasn't properly served. If someone else signed,wad I properly served?
Depends on who that someone was. If it was someone who lived at your address at the time, then yes, you were properly served. Even if you weren't properly served, the judge will still require that you pay, he may just be a bit more lenient as to a repayment schedule.
It was a neighbor who signed his name and put "a friend" beside his name.
Then your beef is with the neighbor who didn't give you the summons.
No. You were not properly served.
Was the neighbor at YOUR house ? Or at his house.
It says that the summons at "the dwelling place of the defendant with a person of suitable age and descretion then residing therein". Whatever that means.
I still say your beef is with this neighbor. But if it says that and you can prove the signature was by a neighbor who did not reside, then you may be able to show improper service.Quote:
Originally Posted by bigl525
However, doing so will only be delaying action. If the suit has merit, you will still lose and still be required to pay. You may just be given some more leeway in making payments.
Thet have 2 different adresses for me, the first one was where I lived in 1994 and the second one is where my kids fathers mom lived at(grandmother).
It's the standard language, taken from the language of the Federal Rules of Civil Procedure.Quote:
Originally Posted by bigl525
It means
- at the house where you (the defendant) lived,
- and the papers were to be left with another person,
- who also lived in that house.
That person would be, in your case, your neighor (who, if I understand you correctly, didn't live with you); so it would be improper service.
The part about "suitable age in discretion" doesn't apply, unless your neighbor was a 2-year old or a raving lunatic.
But they only used one of them. Was this at the time they served your neighor? Which address was the service upon your neighbor made?Quote:
Originally Posted by bigl525
Yes. They used the grandmothers address,the second one. I did not live there though. I am so nervous about this situation!
They used the grandmothers address. I did not live there and neither did her neighbor. I did visit her at the address that they left the papers but neither me or her neighbor did.
I'm still wondering what you think proving improper service will get you. You haven't defined what type of case this is, though I'm suspecting child support since you posted in Family Law.
Waing for reply
Waiting for an answer to my question
Waiting for answer AND response. I have served neighbors. I ask, "Will you accept legal service on behalf of XYZ?" IF they wander over while I'm attempting service. I'm in NY and what AK posted is a shock to me because I've done it and never had a problem.
I'm going to have to look that up - good advice... and I don't know.
My affidavit says "adult" and NOTHING about residing there.
I've served cleaning women, dog walkers, boyfriends who were visiting. Of course, I do a lot of process serving.
I have a question while I wait for OP to answer Scott's question - IF the service was improper and/or insufficient and IF the creditor attempts service in Court (for example) and IF the Statute has run... is it over OR does this somehow extend the Statute?
My other question to OP is: If this matter went to Court SOMEONE sent you SOMETHING at the address at which you were "served." You got nothing?
FRCP 4 (e) (2):
"... by delivering a copy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or ..."Many state rules of civil procedure are based on the FRCP. You might want to double-check the civil rules for the Empire State. They well may be different.
I guess it depends on what state it's in. The last time I looked (and again, it depends on the jurisdiction), the SOL is tolled by the filing of the complaint, not the service of process.Quote:
Originally Posted by JudyKayTee
And, by the way, I don't think it matters one bit whether someone "agrees to accept service". Either the defendant has been served or has not. Agreement by a third-party doesn't make any difference. If the process server, under the rule quoted above, serves an adult person who has plenty of discretion, and who resides in the house, it doesn't matter whether the person agrees or not. In fact the person could shout "H*** no, I'm not agreeing!". Service would still be good.
Thanks - and I will check.
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