[baseballmangene]

What do you do if you send all paper work to the courts and the person doesn't answer or sign for any letters? I know where she works, can she be ummoned there? I was told it is ollegal? So what then?


read on the crazy story...

Owned a business here in Hudson County, New jersey. Sold the business to a new buyer, who agreed to the terms of our sale and also extended the lease I had for another 3 years. My lease was not up until 8/2009 and we did the sdale in June of 2007. Our terms were clear where she paid me a deposit up front and agreed to make a monthly payment to pay off the remaining balance due. It was also agreed that if she was to default on payment for a consecutive 90 days, the equipment and assets would be retruned to me, but she was responsible for the lease and premises. I would just have to take the equipment out as I held that until final payment was made in full. She defaulted, and walked away. The landlord would not let me on the premises to cehck on my equipment and then later tod me he was holding it unless I paid him the past rent that was owed by the owenr that left, I had another buyer lined up but again he said he wanted the money owed by her and that he was holding the equipment or would take it --- as directed by his lawyer. He was there when the sale agreement was done, told me my security was gone when she signed the new lease, and that due to her signing the lease the equipment was then hios. He witnessed and signed our agreement back in 6/2007 which clearly stated about my security, my equipment, and her being responsible for the lease and rent but would lose the equipment. What do I do? Is the equipment mine or do I take the total loss? What if the equipment was damaged that she left there, when he would not let me in on the day she was leaving? She has past due utility bills and all and refuses to sign any court papers or letters in this matter. We know where she works but can she be handed the papers there to get her in court? What do I do about my equipmet that is valued at 16,000.00 U.S. money.

[JudyKayTee]

You are the Plaintiff and you are attempting to serve her papers? HIGHLY unusual in NY - the Courts handles service or the Attorney handles service, never the Plaintiff. This is obviously over the Small Claims Court limit and YOU cannot serve her papers for a higher Court.

Am I missing something here?

(I believe your other questions relate to accounting and someone familiar with that system will have to answer you.)

[baseballmangene]

I didn't serve her the court papers. When I sent the papers to the court I sent her a copy to her known address, both certified ansd regular mail, both came back. The courts still have not gotten to her, so I am in limbo. I am in New Jersey, not N.Y.
Can she be served at her job? I know where she works and was wondering if she can in fact be served there. I have been told by others that this is illegal to do. So how do you get the person to answer if they don't sign any papers that they received the complaint?

[this8384]

You're not understanding what Judy is saying. In most states, you cannot obtain service on a defendant by mailing them court papers. The court handles the service for you unless you specifically request otherwise - for example: in my state, the county sheriff would serve the court papers to the defendant; I can opt to have the local police serve them because it's sometimes cheaper to have them serve than the sheriff.

But you cannot mail someone a letter and obtain proof of service that way.

[baseballmangene]

Understood. But if she doesn't answer then what? Can she be served at her place of employment? If not or she doesn't answer, what can or do I do?

[this8384]

She doesn't "answer". If they serve her, they let the court know. If they cannot serve her, they'll let the court know.

State laws vary but I don't see why she couldn't be served at her place of employment.

[twinkiedooter]

Go back to the Clerk's Office where the lawsuit was filed. Ask the Clerk for a list of process servers. When they give you a list of process servers and you contact the one you want to use, give them all the known addresses for this defendant including her work address, her physical description, her car's description, make, model, color, etc. This makes it easy for the process server to be sure they get the right person served. The price for serving the papers should be under $35 depending on how many different attempts are made and how many different addresses.

While you are at the Clerk's Office, be sure to get a correct "service copy" of the Summons and Complaint to give to the process server.

[JudyKayTee]

understood. But if she doesn't answer then what? Can she be served at her place of employment? If not or she doesn't answer, what can or do I do?

She can and will be served wherever the process server can find her - I've served papers at houses, parents' houses, health clubs, jobs, etc.

You did yourself and the Court NO favor by giving her advance notice that something is in the works (whether she opened it or not, accepted it or not). I would assume she is not stupid.

[baseballmangene]

I appreciate all the help. As for the stupid part, I don't know but to work at a public location like her, I just think she feels she has nothing to lose. I will contact and see about the servers. I will give them the info and days she works. She is not hard to find. I was just told that she can't be contacted at work. If approached does she have to accept? And in N.J. it is o.k. to serve at her employers? Once this is done, does a granishment take place or can I seek assets of hers?

[this8384]

You can't file for garnishment until you are awarded a judgment. She needs to be served first, then either attend the hearing and plead her case. If she chooses not to, then you'll be awarded a default judgment.

[baseballmangene]

I appreciate the help. This site has given me tons of info in 2 days, on what I couldn't get in months.

[this8384]

Glad we could all be of help :)