Perjury by a Process Server

[woogie527]

My question involves court procedures for the state of: New York

I received a document in the mail stating that a process server served me. The description of me was wrong and he/she stated that I refused to give my name. I never saw this person. I had no reason to elude this individual because I did not owe any money. I also found out that he/she did the same thing to another person in my building. I would like to file a complaint against this person for perjury. Due to this lie I had to appear in housing court for monies which were already paid out.

Also, I need to mention I originally found out about the eviction notice from a postcard I received from Housing Court. I already went to court and I told my management lawyer that I wanted to bring this to the court attention. He told me it was not necessary because they dismissed the case without prejudice. However, I would like to pursue charges against this individual.

[Mr. Knowitall]

This is a private process server? Self-employed or an employee of a company? A court officer? If he works for somebody, he has a boss or supervisor to whom you can complaint.

The time to object to improper service is prior to the resolution of your case. I don't know whether the landlord's lawyer was telling you not to raise the issue because you and he decided to resolve the matter with a stipulated order and, as is typical for housing court matters, he had other cases to worry about, or if he knows the process server is dodgy. But one way or the other, you missed your best opportunity to raise the issue in court.

I expect that, if called to testify, the process server would state that they described the adult at your home who answered the door and that they never claimed that the person was you - just an adult fitting the specific description who refused to provide a name. At most you're going to get a, "Perhaps I made a mistake and served apartment 15 instead of 19 - the five is smudged on this document and looks a bit like a 9."

[AZDeputyClerk]

As far as the case goes, you would have to attack the affidavit or proof of service. That in and of itself is a long shot. If you wish to make a complaint against the private process server and live in the City of New York, you can contact the city's Department of Consumer Affairs.

Unfortunately, fewer than ten states have any statewide regulations governing private process servers-most of those being in the west. My state-Arizona-is one of only four that require that process servers pass a written examination to get their license, require state approved continuing education and have a formal process for adjudicating complaints against process servers.

If you do file a complaint, do not expect the process to be quick or easy. Most of the complaints I have dealt with take at a minimum one to two months to adjudicate. Two to four months is not uncommon. The longest one (and most contentious one to date) took nine months to adjudicate. By the time a final ruling was made, a whole year had passed from the date of the service in question. In Arizona, all process server complaints are bench trials-there is no right to a jury trial and the burden of proof is on the person bringing the complaint.