Improper Service New York

Handling failure to serve and improper court notification.

Improper Service

Were you improperly served notice, or not served at all?

No service – no authority to collect.

In order for the Court to have authority (or jurisdiction) over you, you must first be served with notice of the case. Each state has very specific laws that must be followed in order for you to be correctly served. There are many varieties of mistakes that can occur, such as the obvious mistakes like serving your old address or a person with your same name. There are also very subtle mistakes such as when the process server files his confirmation of service and puts down wrong information or leaves certain information out. Process servers may also just leave the lawsuit on your doorstep so they can get paid and move on to the next job.

If you believe that you were improperly served in your lawsuit, or weren’t served at all, contact the Law Office of Joseph Harrison Esq. so that we can help you determine whether you were properly served. If you were not served correctly, this may be grounds to stopping a garnishment, vacating a judgment and making the court start the process from the beginning..

Improper service in New York.

There are very specific laws and many details to service rules which determine whether you were properly served with a lawsuit. This information should not be used as legal advice. Even if you were personally handed the lawsuit, sometimes service may still be insufficient based on the particular details of the service attempt. You should always consult with a debt collection defense attorney to review whether your service was properly done particularly if the case is now a judgment.

The three general methods of proper service in New York are:

  • Personal – Summons delivered to you personally
  • Substitute – Summons delivered to someone at you home/business of sufficient age, followed by a mailing
  • Nail and Mail – Summons posted to your door, followed by a mailing (only if they tried to serve you a couple times already and couldn’t)

If you believe you were not properly served in a lawsuit, contact our office to discuss your case. Bad service is grounds to stop a garnishment, vacate a judgment and make the court start back at square one.

Get help with New York improper service.

Contact

Law Offices of Joseph I Harrison

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