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John Buckley · Oct 30, 2007, 10:02 PM

I have a mail box at a street address that I infrequently visit and found a summons in my box. Does this not constitute improper service? Thanks, John

excon · Oct 31, 2007, 05:15 AM

Hello John:

It sure might. However, if you don't go, they'll get a default judgment. Your accounts will be attached, your wages will be garnished, and you'll get screwed. If you DO go, then the service wasn't improper.

excon

ScottGem · Oct 31, 2007, 06:34 AM

It depends on the nature of the summons. A summons mailed to a valid address might be considered properly served.

MarkRealEstateConsultant · Oct 31, 2007, 06:45 AM

You didn't tell the whole story - This address that you visit infrequently - is it the same one that's on your drivers license? The nature of the address is important. Additionally (as Scottgem said) the nature of the summons is important.

Given what you told us excon's answer is as good as you'll get.

John Buckley · Oct 31, 2007, 08:57 AM

It's me John, with the improper service, the street address is proper, not the one on my driver's license. I have only a mail box. The summons is for unsecured credit card debt where SOL is up in January 08. Again, it was served to a secretary for people who have offices in the building, I don't. I live and work out of a residence in Mexico, as an independent contractor. I don't want a judgment, but don't know if the service was proper. How do I respond, to the court or to this lawfirm. Although it is for 1600 (plus fees exc.) there is a case number in Superior Court so it doesn't appear to be small claims. Any suggestions are appreciated.

ScottGem · Oct 31, 2007, 10:11 AM

The improper service is really moot. You use the improper service defense when a judgement is entered that you never knew about. Now you know about the suit. You respond to the court with a copy to the platiniff of your intent to defend.

The SOL is also moot since they filed the suit prior to the SOL expiring.

JudyKayTee · Nov 1, 2007, 08:31 AM

Originally Posted by MarkRealEstateConsultant

You didn't tell the whole story - This address that you visit infrequently - is it the same one that's on your drivers license? The nature of the address is important. Additionally (as Scottgem said) the nature of the summons is important.

Given what you told us excon's answer is as good as you'll get.

I own a process service company - this sounds like "nail and mail." After three good attempts (different days, different times of day) the Summons can be nailed in a conspicuous place (usually on the door) and followed up with a mailed copy conspicuously marked PERSONAL AND CONFIDENTIAL within a certain number of days. The address on your drivers license makes no difference in NYS - if I have a reasonable belief that you use an address (and I obviously must be able to back up my reasonable belief by speaking to neighbors, the Post Office, a credit report, a personal search and documenting what I learned) I can use an address for service. If all attempts to locate you fail the Court will order nail and mail - or substitute service, where you serve an adult at that location - can and will be ordered.

You would be amazed at how many people deny their identity when I am holding their photograph in my hand! (Some times we have a photo, some times we do not.)

This varies from State to State and I can only address NYS but, yes, it sounds like good service to me. The fact that you are holding the Summons indicates it was good service - if it were bad service you wouldn't have the Summons.

I am not aware that the nature of the Summons makes any difference other than matrimonial/family court actions where personal service is required. Failing personal service the Court will order publication which is then considered legal service.

My servers are well trained and I have never, ever "lost" a Summons challenge - and there are lots of them. It is always surprising to me when people show up in Court and deny they were served -? Very often on nail and mail the Attorney has a copy of the Summons with him, goes to Court, the Defendant denies the initial service was good, the Attorney skips the argument, serves him right then and there and reschedules the hearing. We do a good job and make sure we dot our "i's" and cross our "t's." If one service is bad, there goes my business!

If you don't appear on this there is a good chance a default judgment will be taken against you.