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    droses69's Avatar
    droses69 Posts: 1, Reputation: 1
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    #1

    Jul 21, 2008, 09:55 AM
    Subpoena papers being served
    If a processor knocks on your door to serve papers but your legal name is not on it (ex. Thomas and name is really tom or Victoria and your legal name is Vicki) do you have to take the papers?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 21, 2008, 10:14 AM
    Quote Originally Posted by droses69
    If a processor knocks on your door to serve papers but your legal name is not on it (ex. Thomas and name is really tom or Victoria and your legal name is Vicki) do you have to take the papers?

    In NYS, yes, if you have ever gone by that name it's legal service. The papers do not have to be in your legal name.

    You can always answer that you have never used that name but if the service is dismissed the papers will simply be re-filed and served in your legal name - or whatever name(s) you have used.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 21, 2008, 10:18 AM
    Taking this a step further. If you refuse service because of such a technicality, then you are just posponing the inevitable. You can not argue you knew nothing about the suit.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 21, 2008, 02:03 PM
    [QUOTE=Comments on this post
    droses69 agrees: Thank you, I can now tell my neighbor that she has to take the papers..[/QUOTE]



    If she has questions after she's served she's welcome to come back and see what to do next - or you can ask for her.
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