my g/f has a legal problem

[Calin]

Good luck... but it will be a mess, no matter what.

Calin

 

[SP33Demon]

Originally posted by: mugs

Originally posted by: SP33Demon

Originally posted by: Mill

Originally posted by: Turkey22
If she did not sign for the papers when she was served, then they dont have a leg to stand on. That's the entire reason they get a signature.

You're wrong. *sigh*

Please explain in depth why Turkey22 is wrong. Also provide links if possible.

You... are... retarded. Read the thread.

No, you are. NYC =! USA
:roll:

 

[SP33Demon]

Originally posted by: Mill

Originally posted by: rahvin

Originally posted by: Mill

Originally posted by: Turkey22
If she did not sign for the papers when she was served, then they dont have a leg to stand on. That's the entire reason they get a signature.

You're wrong. *sigh*

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

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.

Bwahahahahah he owes you an apology now? You've got to be kidding me... Maybe you should go smoke something and mellow out, you act like the world owes you something when you do petty research that anyone could do. Nobody owes you sht!!

 

[captains]

bottom line, talk to a lawyer and take what little u can from all the bashing in this thread, hope it works out for ya girl

 

[woowoo]

For her next birthday get her a set of rabbit ears.....
She will love you.

 

[Pepsei]

Originally posted by: SP33Demon

Originally posted by: mugs

Originally posted by: SP33Demon

Originally posted by: Mill

Originally posted by: Turkey22
If she did not sign for the papers when she was served, then they dont have a leg to stand on. That's the entire reason they get a signature.

You're wrong. *sigh*

Please explain in depth why Turkey22 is wrong. Also provide links if possible.

You... are... retarded. Read the thread.

No, you are. NYC =! USA
:roll:

I have to side with Mill on this one, we're talking about NYC in this thread.

 

[woowoo]

Originally posted by: Stifko

Originally posted by: Rufio

..

but why would she lie to me ?

I can think of 7000 reasons

 

[Stifko]

Originally posted by: Mill
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 .....

The place where the papers were served are none of the above. How can you argue that this was a good service of papers ??? Are you just defending the process server because you work at a law firm ?

As an update, she is trying to settle with the collections agency and I am dead set against that. If she decides to go that route I will look at her with different eyes and it will put a big shadow over our relationship.

 

[Jzero]

Originally posted by: Stifko

Originally posted by: Mill
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 .....

The place where the papers were served are none of the above. How can you argue that this was a good service of papers ??? Are you just defending the process server because you work at a law firm ?

As an update, she is trying to settle with the collections agency and I am dead set against that. If she decides to go that route I will look at her with different eyes and it will put a big shadow over our relationship.

It sure sounds to be like they mailed the summons to "her last known residence." You said they served the papers to her old address. You also said she didn't fill otu a change of address form when she moved. So that would be her last known address, which is where the papers were sent.

What am I missing?

 

[Rufio]

updates?

 

[lMlHuxley]

wait, this was one of those hacked illegal cable boxes? Also, the dude who said that his boss sold them and made thousands, that is weak. It is just like pirating music. You pirate for yourself and you don't sell your pirated stuff to other people, that is a scumbag move IMO. I can understand your girl getting fined for that but 7k is way out of there.

 

[Stifko]

Originally posted by: Rufio
updates?

I am still trying to talk her out of negotiating a deal w/the collections agency.

Thanks for asking though, Rufio.

 

[Stifko]

Originally posted by: Rufio
updates?

The judge ordered the default to be thrown out by next Tuesday or for the plaintiff to show reason why it should not be dismisssed. Lawyers for cablevision have contacted her and negotiate another deal.

 

[EagleKeeper]

Originally posted by: Stifko

Originally posted by: Rufio
updates?

Lawyers for cablevision have contacted her and negotiate another deal.

What type of deal? Sounds like they are getting desperate because the case could get thrown out.

If it gets thrown out, then she may have grounds for a counter suit.

 

[yukichigai]

Originally posted by: Mill
New York Law:
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

It's this part that makes me wonder. See, if Stifko's GF had a job she should have gotten a subpoena. If there's no record of a subpoena being mailed to her place of business (unless she has a McJob) then couldn't she contest that due dilligence was not present when serving the subpoena?

EDIT: Though I suppose it's all moot now that the default judgement has been thrown out.

Stifko, the thing you have to realize is that common sense and written law do not necessarily coexist. The law says some stupid things, but it's the law.

By the way, this was a cable box with a descrambler in it, right? I mean otherwise it seems kinda f%$#ed; I bought a cable box for a non-cable ready TV the other day. Does that mean I can be sued for stealing cable?

 

[Stifko]

We got the default judgement thrown out.
Thanks for your help Mill, but keep your day job.
The judge did not read the law as you described it.

 

[mugs]

Originally posted by: Stifko
We got the default judgement thrown out.
Thanks for your help Mill, but keep your day job.
The judge did not read the law as you described it.

And... what happens now?

 

[yukichigai]

Yeah, update before we declare you SyringerXP

 

[Stifko]

Originally posted by: mugs

Originally posted by: Stifko
We got the default judgement thrown out.
Thanks for your help Mill, but keep your day job.
The judge did not read the law as you described it.

And... what happens now?

She waits to get served papers, providing they go after her again. Then she gets a lawyer to defend herself.

 

[Baltazar325]

Originally posted by: KK
Is there anyway that she could sue and get court costs included in her judgement?

KK

Edit: doesn't it mean when they serve papers, that they have an officer of the law personally deliver them?

Nope, not under the FRCP. Each states civil procedure rules are differnt but most use the FRCP. You just have to have a person not party to the claim serve it.

 

[yukichigai]

Originally posted by: Stifko
She waits to get served papers, providing they go after her again. Then she gets a lawyer to defend herself.

She did file a Change of Address this time, right?

Make sure she calls her former landlord every so often. Don't want this happening again.

 

[Baltazar325]

Originally posted by: Mill

Originally posted by: Stifko

Originally posted by: Fingolfin269
So, no one served her papers regarding the original issue? I'd be surprised if that's true.

yes thats true, according to her former roommate, the landlady signed for them. My g/f was never served.
do you honestly think that the ppl who serve the papers really care if they perform a good service ?

Yes actually we did care, because we had to sign an affidavit attesting to the fact that we served the correct person, and that we followed all the steps necessary for a valid delivery.

In New York this is what has to be filled out.

So, why not just get a copy and see which method was used? There are numerous ways to serve someone, and you need to get a copy. If the landlady did declare she was the individual then there is a problem. There is a physical description form at the bottom. When you get a copy pay attention to that. Secondly, if the landlady was simoly the suitable age person, then your GF still would have gotten a mailed copy. What happened there? She doesn't read her mail? Oh, she got the papers. You know how many people have said they didn't get the papers after a default judgement? Almost every person. You know how many actually didn't get served? Very very very few.

Yeah, there are many ways to serve someone. Even if, and its a big if the court overturns the verdict for invalid service, they will just turn right around her serve her in the courtroom.

 

[memo]

This was an excellent read. The ups the downs... great thread. 😀

Yes I am bored at work.