I had someone try to serve my husband with an Order to Show Cause in a post-divorce matter, in which I seek to relocate out-of-state. Attempts were made before 8 A.M., 4:30 P.M. and 7:45 P.M. on different weekdays. All attempts were unsuccessful. ...
Mr. Horner is correct in stating that "several attempts" must me made at personal service before attempting substitute service of any kind. If you are self represented, you should read Ny Civil Practice Law and Rules ["NY CPLR"] sec 308.
If this is a new matter and not service of subsequent papers in an ongoing case , you must follow the procedure for service of initiating papers. If several genuine attempts at personal and substituted service have failed, and the case is not a divorce case, the papers may be served by taking the following two steps:
Step 1: Affix the summons to the door of either the actual place of business, dwelling place, or usual place of abode within New York Sate of the person to be served and
Step2: Mail the process by first class mail to the person to be served at his or her last known residence or mailing them to his or her actual place of business. CPLR 308(4)
Important: The envelope used for the mailing must be marked “Personal and Confidential” and must not show in any way that the envelope contains papers about a legal action against the person being served.
The affidavit of service by “nail and mail” must describe in detail the times and places of all the previous attempts at personal service, before “nail and mail” service was used.
If your husband is still represented by counsel, you should not serve him; you should deliver the papers to his attorney.See question
In New York, I know that legal papers cannot be served on a Sunday. My wife made a motion in Supreme Court (we're divorcing and we don't communicate except by email) and the judge asked me if I can be served this way; I consented. She served me on...
In your question, it is better to describe the type of papers the were served, rather than the types it was not. More importantly, you don't want to fight minor technical battles and appear petty. If the only result is that your wife will have to re-serve you, then just accept the service and move on. There are many lawyers who make a major issue out of every technical misstep committed by the opposing party; most judges get tired of this nitpicking. You may simply want to make note of the technicality in a writing to your wife in which you accept the service but also mention the failure to follow protocol.
Save the fight for the big issues. The judge will appreciate your maturity.
I received 1,500 dollars, after my lawyer received 4,000 dollars. I was wondering how much the total settlement was?
I am shocked by your question; this is something that should be discussed with your attorney. Also, the percentage of the settlement that you attorney received as a fee should be detailed in the retainer agreement.See question
I took a general law class but it was short on answers about class action lawsuits. Let's say a multi-state retailer/reseller has reported instances of its regional stores committing consumer fraud. How does a class action start from this? Does it...
That's like asking Coca Cola for its secret formula. All firms have different ways of obtaining and evaluating a potential case; each case has different considerations. Try internet research. There are plenty of scholarly articles on the subject.See question
I have a pending case against a major corporation for work-related harassment. The EEOC recently issued a Right to Sue letter and prior to that, determined Probable Cause. The company refused mediation and refused several contact attempts. I am s...
This is not a class action question. I have redirected it to labor and employment.See question
I just won a judgment in Small Claims Court against a company that calculates pension and 401 K distributions in divorce cases. The time in which they were required to reimburse me, has just passed, and they haven't. I just contacted a county sher...
You can use an information subpoena to find a judgment debtor’s assets. An information subpoena is a legal document that requires a person, a corporation, some other business, or the judgment debtor him or herself to answer certain questions about where the judgment debtor’s assets can be found. There are two parts to an information subpoena: The court’s direction to the witness to provide answers to the questions submitted, and questions about the assets. An information subpoena can be served on the judgment debtor or on any person, corporation or business that you believe has information about the judgment debtor’s assets. Examples of these are an employer, a bank, a landlord, or the telephone or other utility company.
If served on a bank or other financial institution, be sure to include a restraining notice.
Here is a link to sample questions to be served on the judgment debtor: http://www.nysba.org/WorkArea/DownloadAsset.aspx?id=21657
You should also be thoroughly familiar with NY CPLR 5201 - 5253 which deals with the enforcement of money judgments. The rules are complex and impose certain obligations and requirements on the judgment creditor.See question
A civil judgement was granted against me. This happened on January 3, 2013. This legal item is on my credit report meaning the collector bought my debt. Ever since then, I been recieving letters from a debt collector which is claiming to be a law ...
You cannot be arrested for non-payment of debt. If a debt collector threatens you with arrest, it is a clear violation of the Fair Debt Collection Practices Act ["FDCPA"]. The FDCPA, 15 U.S.C. §§ 1692-1692o, regulates the conduct of third-party debt collectors including debt collection law firms. The FDCPA defines and restricts abusive debt collection practices and provides specific rights for consumers. Among the acts prohibited by the FDCPA are: invasion of privacy, harassment, abuse, false or deceptive representations, and unfair or unconscionable collection methods. It is considered a deceptive practice for a debt collector to imply or threaten action that is illegal [such as arrest for non-payment] or to attempt to collect a debt that does not exist. In your case,the debt collector may have committed several violations of the FDCPA..
You should know that the FDCPA provides for a successful plaintiff to recover statutory damages of up to $1000.00 as well as attorney's fees, costs, actual damages, and in some instances punitive damages.See question
I am not a party to the civil case and a lawyer sent me a subpoena for a deposition via email which ended up in my spam file. I live in NY and I am not sure if this is an accepted or permitted way to serve a subpoena. Also, I live more than 100 m...
See Federal Rules of Civil Procedure [F.R.C.P."] rule 45 in its entirety. FRCP 45(b)(1) Service.
(1) By Whom and How; Tendering Fees. Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for 1 day's attendance and the mileage allowed by law. Fees and mileage need not be tendered when the subpoena issues on behalf of the United States or any of its officers or agencies.
FRCP(c)(1)(A) Place of Compliance.
(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:
(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person
(d) Protecting a Person Subject to a Subpoena; Enforcement.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction—which may include lost earnings and reasonable attorney's fees—on a party or attorney who fails to comply.See question
I am tried of being harassed by my cable company cause I am behind in my cable bill. I have explained to them several times that I only get Social Security Disability on the 3rd of the month and I have some workers comp. coming in and I use that ...
You state no basis on which to bring suit. You should cancel or reduce your cable plan if you cannot afford it.
I suspect that the cable provider will terminate your service shortly.
If an opponent in a New York civil case properly files a notice of motion (specifying the requested relief) and supporting affidavit, is the motion likely to be deemed defective if the movant's affidavit nowhere comes out and says, in effect, "I m...
Ask your lawyer. Clearly, you are represented by counsel.See question