Thank you for your clarification. First of all, please note that unless you know for a fact that the other person has filed suit, they may never file
. Many individuals claim that they will file a lawsuit as a means to threaten someone or out of anger, but it often does not happen.
However, in worst case scenario, if they file a lawsuit, avoiding service is likely not a good decision. This is because if one avoids service, the Plaintiff can simply ask the Court to approve service by substitution
once the Plaintiff shows that you cannot be found. Then, the Court will allow service by publication (court wall, newsletter) or whatever other way it seems fit.
Once the service is done by publication, the Plaintiff can then get a default judgment, and may try to locate assets to satisfy that judgment by using public records such as:
1. Dissolution Decrees and Property Settlement Agreements
2. Statements and Schedules in a dismissed bankruptcy case;
3. UCC Filings;
4. Secretary of State
Department of Motor Vehicles;
5. Credit Reports
6. Corporation Commission;
7. County Assessor’s Office; and
8. County Recorder’s Office.
So they can likely find the property in NY.
Ergo, simply skipping the state may not be a good idea. One stands a better chance ANSWERING the suit and fighting it. Let me know if you need leads for pro bono / low cost
work in the area. You can always try to run from the state and the Plaintiff may never find you, but, they may end up having a judgment anyhow once you do not answer after substitute service is executed.
I hope this helps and clarifies. Again, let me know if you need leads for pro bono / low cost counsel.
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