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TJ, Esq.
TJ, Esq., Attorney
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My service of the summons was invalid due to the fact that

Resolved Question:

My service of the summons was invalid due to the fact that it was beyond the 120 days required. I answered the summons. The question is and I have my reasons, can I request the lawyer serve me again?
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

If you answered the summons, then you cannot argue that the service was invalid. Making an appearance in the case (whether by an answer, motion to dismiss, or otherwise) is the same as admitting that service is valid.

I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. I do ask that you rate me based upon whether I answered your question, and not based upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9762
Experience: Licensed to Practice Law
TJ, Esq. and 18 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thanks I just wanted to have a different date of service, because in June of 2012 I sold a building that was my primary residence, sort of, to my parents, we had an agreement that they would loan me the money to finish a house construction, and I would deed over this building to them to live in. They now have a mortgage on it. Then I was served in July of 2012. If i don't win this lawsuit (allegedly for fraud, breach of contract and violation of epa lead rules) clearly a judgment will be put against me. Max 1.5 million, min 300,000 plus EPA fines. I just don't want this to be seen as a scheme to hide an asset. It wasn't. We had an agreement in the august of 2011. The summons was dec 29, 2011as soon as my parents sold their first home I signed over a quit claim deed of the building to them. The agreement is in writing. With the mortgage of 60,000 on a house that's worth maybe 75000 on a good day. I know that NYS has a homestead exemption of 75000. But needless to say I am worried about this, would they succeed in taking my parents new house as payment towards the judgment?

On the upside, if we lose the other codefendants have much more money and assets than me. So it would be easier to collect from them, which I assume they know and that's why they have counterclaims against me. So much fun. And I know that for one they wouldn't take my parents house. One co defendant, the realtor, has liability insurance.

But will they cover fraud?
Expert:  TJ, Esq. replied 1 year ago.
Hi again.

You wrote: I just don't want this to be seen as a scheme to hide an asset.

Response: The date of service won't make any difference with regard to that issue. You either knew about the lawsuit or you didn't, regardless of when you were served. In fact, you don't even have to have definitive knowledge of the lawsuit for a transfer to be considered fraudulent. If you knew that you may get sued because of an issue, then the transfer can still be considered fraudulent. But, based on what you wrote, it doesn't sound like the transfer was fraudulent. It sounds like you made a business arrangement with your parents whereby they lent you money, etc. It doesn't sound fraudulent.

As for liability insurance, I can't say whether it would cover fraud. My guess is that it would not, but you'd have to read the entire policy in detail to see what exactly it covers.

I hope that helps. I wish you luck in the lawsuit.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9762
Experience: Licensed to Practice Law
TJ, Esq. and 18 other Legal Specialists are ready to help you

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