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    Keithhockey's Avatar
    Keithhockey Posts: 6, Reputation: 1
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    #1

    Apr 16, 2009, 10:58 AM
    Service to Attorney & 78 proceeding
    Service was made to my attorney by regular mail. He never served me papers.

    Is service regular mail to attorney qualify as appropriate service in NY?

    There is a judgement against me. I was living outside the country. Can I overturn the 78 proceedings based on the fact under the Hague personal service was required to serve me?

    I have not been served a decision of from this administrative hearing appeal.

    I filed an order to show cause based on due process violations, will it be thrown out based on service and 78 proceedings?
    Keithhockey's Avatar
    Keithhockey Posts: 6, Reputation: 1
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    #2

    Apr 16, 2009, 11:30 AM

    Other Information:

    Administration hearing without any plaintiffs, defendants, witnesses and attorneys. I never received a decision of the appeal. I was overseas for 2 years.
    Keithhockey's Avatar
    Keithhockey Posts: 6, Reputation: 1
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    #3

    Apr 16, 2009, 05:43 PM
    What is considered Proper Service for Judgment?
    Service was made to my attorney by ordinary mail. No attempt was made to serve me a copy of the Judgement. No certified mail or affidavit of service was provided for service.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Apr 16, 2009, 08:32 PM

    I own a process service company - need more info. Did your Attorney agree to serve you?

    You cannot serve by certified mail. The person who served the papers on your Attorney is the person who filled out the Affidavit. If your Attorney agreed to accept on your behalf, he is the party served and it's his responsibility to serve you. This happens all the time in liability lawsuits.

    Why isn't your Attorney answering your questions about this?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Apr 16, 2009, 08:33 PM

    Please post each question ONCE with all of the facts and circumstances. Once again I have answered a post and then discovered additional, pertinent information posted somewhere else.

    This is not a blog.
    Keithhockey's Avatar
    Keithhockey Posts: 6, Reputation: 1
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    #6

    Apr 18, 2009, 12:59 PM

    As far as I know he never agreed to serve me.

    I do not have attorney any more. I lost everything I own after this decision was posted in the media overseas.

    I filed the papers myself upon returning. I am just trying to get a job and then I will hire attotney.

    I believe they were required to serve me the desciion because I was overseas? Hague state service must be served to me.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Apr 18, 2009, 01:04 PM

    If he was your attorney of record in the matter, then it should have been legal service to serve him. If he did not prepresent you properly, then you can sue him for malpractice.
    Keithhockey's Avatar
    Keithhockey Posts: 6, Reputation: 1
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    #8

    Apr 18, 2009, 01:08 PM

    It was sent to court it was sent regular mail to my attorney, is that good service or do they need to achnknowledge service?

    The last thing I want to do is sue and attorney.

    Thanks for answering
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    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Apr 18, 2009, 01:10 PM

    Again, I believe serving the attorney of record is valid service.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Apr 19, 2009, 10:44 AM
    Quote Originally Posted by Keithhockey View Post
    As far as I know he never agreed to serve me.

    I do not have attorney any more. I lost everything I own after this decision was posted in the media overseas.

    I filed the papers myself upon returning. I am just trying to get a job and then I will hire attotney.

    I believe they were required to serve me the desciion because I was overseas? Hague state service must be served to me.

    If an Attorney was served by reason of having been your Attorney but, in fact, does NOT represent you, it is not good service. If an Attorney was asked if he would accept service on your behalf and he agreed but does NOT represent you, it is not good service. An Attorney who was of record but no longer is cannot be served on behalf of a party - at least in NY.
    Keithhockey's Avatar
    Keithhockey Posts: 6, Reputation: 1
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    #11

    Apr 19, 2009, 10:48 AM

    Thanks so much for the information.

    I was living in Finland, under the hauge they were required to serve me both papers to initiate administrative hearing and judgement?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #12

    Apr 19, 2009, 10:53 AM

    I just noticed you originally posted that service was made to your Attorney. Was it? Wasn't it?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #13

    Apr 20, 2009, 08:35 AM
    Quote Originally Posted by Keithhockey View Post
    ... Can I overturn the 78 proceedings ... ?
    Maybe the others understand and therefore didn't bother to ask. Maybe it doesn't matter. But what is a 78 proceeding?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    Apr 20, 2009, 08:51 AM

    If you search NY and Section 78 proceeding you'll have your answer.

    The question was whether service was valid and so just what a 78 is was not address.
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