Very interesting

Discussion in 'Credit Talk' started by peeper, Feb 2, 2008.

  1. peeper

    peeper Well-Known Member

    I just looked up the new york state rules of civil procedures.It states a summons must be signed by the clerk and bear the courts seal.The summons i got had neither.It also states the summons must be served unto the defendent in person or to someone who resides at the defendents residence unless defendent signed a waiver of service which i never did.Something is wrong here.What say you my fellow posters?
     
  2. apexcrsrv

    apexcrsrv Well-Known Member

    Where did they serve you? Did they serve you?

    If you filed a response that would mean that you got it.
     
  3. peeper

    peeper Well-Known Member

     
  4. ccbob

    ccbob Well-Known Member

    Sounds like a possible case of overshadowing...
     
  5. Dumb Bob

    Dumb Bob Well-Known Member

    Is that different from what I looked up in the other thread?:

    The problem is that these things are court specific. I know that the above isn't allowed in some courts, you do have to get permission, in some courts, to use alternative means of service. But what are the rules in your specific court? If they don't allow what they did, you better do something about it before your rights are waived.

    Of course how you end up waiving your rights is also court specific, so I don't know. Perhaps the quickest way to see what can be true is to look at the federal rule 12(b) language and case law. I have no idea what it is in New York. I don't think New York conforms to the federal rules, the format I found certainly looks different.
     

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