Well, here is my take on this situation. First off, the legality of whether they could prove something like the culpability of your girlfriend is not material to this case. Since she defaulted by not going to court she basically did not contest the case, so she loses regardless of the winnability of the case by the cable company. That being said, she was incorrectly served and probably could countersue the cable company and win since she was not correctly served. If you ask me, the cheapest and best route is to file a motion requesting that the default judgement be "vacated" on the grounds of the incorrect service. The judge might very well request a hearing for the matter, but at least she will have her day in court in order to tell the judge that she never received notice of the court date. The judge also might just throw out the case without even the hearing if he finds grounds to do so.........filing a motion in civil court is not that hard to do and you can probably find a blank form on the courts website in order to do it yourself. It might cost you $50, but it would be well worth it.
-
We’re currently investigating an issue related to the forum theme and styling that is impacting page layout and visual formatting. The problem has been identified, and we are actively working on a resolution. There is no impact to user data or functionality, this is strictly a front-end display issue. We’ll post an update once the fix has been deployed. Thanks for your patience while we get this sorted.
my g/f has a legal problem
Page 5 - Seeking answers? Join the AnandTech community: where nearly half-a-million members share solutions and discuss the latest tech.
uhh no, not according to the burden of proof section on Pirate Box Blues.
If the plaintiff cable company can establish a prima facie case, it then falls to the subscriber to present proof that plaintiff?s signal was not decoded without authorization.
yeah that'll work, playing an air head is a no brainer, literally. it will be like a fish going into water. She would probably have no troubles convincing anyone that she is kinda dumb. I don't want her to beat the rap on some bs though. what really gets my goat is that whole way it went down. she was never notified by anyone before going to the bank. granted she should have been taking better care of her personal matters, but she did not. that doesn't mean that her case should get lost in some over-zealous, slimey beaurocratic and legal shuffle. she moved out of the place soon after ordering the box and didn't take it with her to the new place.
I agree with you. It sucks that she didn't get the notices, but that's a good lesson in life for her. Either way, I wish the two of you good luck. I wasn't trying to be a hardass to you earlier, but I just think the subpoena issue is of no use to you. Hopefully she can get the original judge to vacate his own decision, because otherwise it is appeals time.
As a side note:
I was served several years ago. Where I live they use court balifs to serve the papers. I was served at 6:30 AM at my parent's home. My father answered the door and the Balif would not give him the papers or let him sign them. He woke me up and I went and signed them. I asked him why couldn't my dad sign for them? He stated they had to delivered to the person in question and signed by said person. No one else was allowed to sign or receive them.
I was a witness to a crime and had to waste a day at court. I didn't have to testify because he pleaded guilty.
I was served several years ago. Where I live they use court balifs to serve the papers. I was served at 6:30 AM at my parent's home. My father answered the door and the Balif would not give him the papers or let him sign them. He woke me up and I went and signed them. I asked him why couldn't my dad sign for them? He stated they had to delivered to the person in question and signed by said person. No one else was allowed to sign or receive them.
I was a witness to a crime and had to waste a day at court. I didn't have to testify because he pleaded guilty.
Nitemare
Lifer
The current legal system is not set up to protect John Doe citizen. It is set up so that those familiar with it and those that know people can get away with murder...unless you have alot of money(Corporations) and can threaten to tie it up in litigations so that it would be cheaper to bribe/settle with them, rather than missing work, the expense of a lawyer and such.
As always Mil your LIMITED experience makes you think you are an expert and that the rules that apply in the state you worked in apply nationwide. I suggest you consult the following link which contains examples of the differences in rules around the nation of the service of process.
http://www.infoguys.com/article.cfm?id=7
CPA
Elite Member
Nightmare, this is no different than an adoption case, where a biological parent can't be found. The adopting parent can ask for the court to set up representation for the missin biological parent and then proceed with the case. Assuming judgement is ruled in favor of the adopting parent, there is nothing the biological parent can do when he/she finds out afterwards. I only know this because this is currently happening with me (adopting parent). Most likely the bioligical father will never know that he has had his rights to his son taken away from him.
As usual your supreme stupidity makes you stick your hand in your ass again. Reread the thread please. You're a moron. Everything I posted was taken directly from the NEW YORK rules regarding process serving. LET ME POST THE LINK AGAIN TO THE ACTUAL FVCKING DOCUMENT, AND NOT SOME ANECDOTAL SITE THAT HAS NOTHING TO DO WITH WHAT WE ARE TALKING ABOUT.
Perhaps then you can apologize for YOUR limited knowledge, and for being the typical arrogant dumbass that you are. You owe me a complete apology, because I said NOTHING about the rules of where I worked. I gave anecdotal evidence of what I did, and then I posted the New York FORMS and the law. Moron.
Here's the NY Law:
NEW YORK CONSOLIDATED LAWS
NEW YORK CIVIL PRACTICE LAWS AND RULES
Rule 308. Personal service upon a natural person. Personal service upon a natural person shall be made by any of the following methods:
1. by delivering the summons within the state to the person to be served; or
2. by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later; service shall be complete ten days after such filing; proof of service shall identify such person of suitable age and discretion and state the date, time and place of service, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law; or
3. by delivering the summons within the state to the agent for service of the person to be served as designated under rule 318, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;
4. where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later; service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;
5. in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section.
6. For purposes of this section, "actual place of business" shall include any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.
NEW YORK CONSOLIDATED LAWS
NEW YORK CIVIL PRACTICE LAWS AND RULES
Rule 308. Personal service upon a natural person. Personal service upon a natural person shall be made by any of the following methods:
1. by delivering the summons within the state to the person to be served; or
2. by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later; service shall be complete ten days after such filing; proof of service shall identify such person of suitable age and discretion and state the date, time and place of service, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law; or
3. by delivering the summons within the state to the agent for service of the person to be served as designated under rule 318, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;
4. where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later; service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;
5. in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section.
6. For purposes of this section, "actual place of business" shall include any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.
I like Rule 316:
Rule 316.
Service by publication.
(a) Contents of order; form of publication; filing. An order for service of a summons by publication shall direct that the summons be published together with the notice to the defendant, a brief statement of the nature of the action and the relief sought, and, except in an action for medical malpractice, the sum of money for which judgment may be taken in case of default and, if the action is brought to recover a judgment affecting the title to, or the possession, use or enjoyment of, real property, a brief description of the property, in two newspapers, at least one in the English language, designated in the order as most likely to give notice to the person to be served, for a specified time, at least once in each of four successive weeks, except that in the matrimonial action publication in one newspaper in the English language, designated in the order as most likely to give notice to the person to be served, at least once in each of three successive weeks shall be sufficient. The summons, complaint, or summons and notice in an action for divorce or separation, order and papers on which the order was based shall be filed on or before the first day of publication.
(b)
Mailing to accompany publication in matrimonial actions. An order for service of a summons by publication in a matrimonial action shall also direct that on or before the first day of publication a copy of the summons be mailed to the person to be served unless a place where such person probably would receive mail cannot with due diligence be ascertained and the court dispenses with such mailing. A notice of publication shall be enclosed.
(c)
Time of publication; when service complete. The first publication of the summons shall be made within thirty days after the order is granted. Service by publication is complete on the twenty-eighth day after the day of first publication, except that in a matrimonial action it is complete on the twenty-first day after the day of first publication.
Yes, I know.
I like the idea of it being seen by everyone.
Publications is usually the way my office tries to go if we can't find someone to serve. So far, Mill has been right, except for some smaller details which are probably attributed to the fact that its New York law and I'm used to California Law. Publications usually costs a lot of money though, so companies usually just sell the debt to a collection agency rather then pay the costs for that.
This is a long thread so I probably missed some details, but any updates? Whats going on right now?
TRENDING THREADS
-
Discussion Zen 5 Speculation (EPYC Turin and Strix Point/Granite Ridge - Ryzen 9000)- Started by DisEnchantment
- Replies: 25K
-
Discussion Intel Meteor, Arrow, Lunar & Panther Lakes + WCL Discussion Threads
- Started by Tigerick
- Replies: 25K
-
Discussion Intel current and future Lakes & Rapids thread- Started by TheF34RChannel
- Replies: 24K
-
-
