A process server is trying to serve me papers right now over a credit card bill I owe to them.I have some questions as to process serving.We are dodging him at this time.1) I live in upper New York State and the other afternoon there was a knock at the door and we did not answer it and all our shades are drawn down ,so no one can see into the house at all.We also have dogs and leave the TV or music on all day for them.We could see his car on the street with flashers on. Now since we didn't come to the door and he could not see us I assume he will come back 2 more times and then nail and mail to us as he could not do personal service.He may have thought people were at home when he came as the TV was on.Can he say we are served if he heard voices like on the TV.?Trying to see how this works and also what HRS of the day they have tofollow.I know they can't serve on Sundays.??? Do they have to see you or make you come to the door even when they might think your in the house,but can't prove it.?2) second question is after we get served I know we can answer it .The debt is ours and we owe it ,but we both got laid off and no jobs for now.I need to stall this by answering Pro-Se to get as much time as possible.I know about the 20 or 30 day rule to respond to the answer to whom I have to.The question for you is what do I put down as my answer to to defend against this.Something like asking for every single bill with my signatures . Can you give me a list of what to say in my pro-se.The debt is only 6 months old and overdue.I need to tie this up in court to april 2011 if I can giving us time to get new jobs.You know the game we need to play here.We owe the money but can't pay the bill and couldn't get them to agree to anything 6 months ago to pay it off.3) Once served I have 20 to 30 days to answer depending on service done.Then we do discover based on the answer and we get a court date .I'm trying to see how long this process takes.I know I can make them appear in court and ask for one extention and a new court date.But what does this all mean as to how much time can zi really tie this up by.We are in Mid December right now.I need a timeline in new york state as to how much time I can get roughly.I need to make them go back and find alot of paperwork in my case ,so they stall and lots of time goes by.4) Not a spot I want to be in ,but I need to tie this up for awhile is I can and my guess is 4 to 6 months ,but I'm guessing here.How my discover is done will make all the difference.
State/Country relating to question: New York
Tried to work it out 6 months ago and they refused.Amount was way to high to pay.
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Very nice answer to my questions.I know where the court is and where to answer it to,meaning a copy to the lawyer and two copies for the clerks office that they stamp and then give one back to me for my records.Up here where we live in new york state they always serve with the notice of 20 days if handed to me or 30 days if pinned to the door.I also know I have to answer every single item just as they list them or if I don't they consider it as I admit to doing it.The problem I have is what laws govern what I can add as another part of my defense in my complete answer , so that it is done right.I will contact you again when we see the papers as they tried for the 2nd time today to serve and then checked the mail box to see if we still live here.So third time is coming soon.It was filed at the clerks office 11/23/2010 and they tried to serve for the first time 12/8/2010.So it took 8 days for them to start after the holiday.Thankyou for your help with this matter
I went to the county clerks office and saw who was trying to serve me with papers.Now I'm not sure if the last time was the 2nd or 3rd try to get me.I know they have to file the papers first before they can statr serving me,but do they have to record the fact that I was served and how with the county clerks also,or do they just report to the attorney.The reason I ask is alot of process servers are being sued by the state of new york right nowfor now doing nail and mail.can they mail it and not pin it to your door as I thought both are needed.If they don't pin it but mail it what date counts as the day I have been served --when I get it in the mail.If nothing happens for a week I better get a copy from the clerks office as they are not doing this right --thanks
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Now, on to your most recent post. You are absolutely right about some of the recent controversies surrounding private process servers -- especially in the State of New York. Obtaining personal jurisdiction is such a foundational matter. Without it, the Court can simply not exercise its powers over the Defendant. Yes, the server (who, by the way, has to be license -- I am sure you already knew that point), will have to report back by filing a Return of Service. Generally, for this type of action, service of process has to be completed within 120 days of filing suit. NY CPLR § 306-b. You are indeed correct that both "pinning" (affixing) and mail are required. NY CPLR § 308. The law always favors true personal service -- i.e. literally handing the legal papers to the actual Defendant. The further we get from that ideal (i.e. handing them to an adult at the Defendant's residence) requires more proof that lawful service actually took place.
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I posted a question about forclosures under my name and didn't know if it's in your field.If you can answer it please do --thanks
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