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  1. #1
    Join Date
    Jul 2009
    Posts
    2

    Default Papers Served by Nail and Mail Service

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

    I have received a Summons and Verified Complaint; these were delivered by regular mail. They tried to serve my Attorney but he told the plaintiff’s attorney that he could not accept service and that he did not have the authority to represent Defendant with regard to the lawsuit.

    Soon after I received an envelope, the envelope was not mark with anything like confidential and so on, this envelope was retrieved from the mail box by the Plaintiff and given to the concierge desk person, that handle it to me. I went to court and ask them how long I have to answer the Complaint and when is the starting date for the 30 days. (If it is 30 days and not 20)
    I was told just to answer. Because I cannot afford an Attorney at this time, I have to represent myself (Pro se.), and I need all time I can get until I see an attorney to review my answers that includes Affirmative Defenses and a Counterclaims.

    Some facts:

    I went to the court clerk and ask to see my file, I did not see proof of service and according to the court rules a summons with notice or a summons and complaint must be served and proof of service filed within 120 days of getting index number. (I guess this is for service in person)

    If papers are served by substituted or nail and mail service, the affidavit of service must be filed within 20 days of date of service.(it has been more than 20 days)

    The concierge desk person most likely will be part of the trial, because I need some of them as witness.

    Questions:

    1- When the 30 days or 20, starts so I am not in default

    2- Did they fail to serve properly?

    3- If they fail to serve properly, how do I go about it to dismiss the case.


    Thank you!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,132

    Default Re: Papers Served by Nail and Mail Service

    1. When you were served. Check the court records to see what day they have on record for the date of service. They may also be able to give you the date your answer is due, although some courts insist that you must calculate that yourself.

    2. You were apparently dodging service, resulting in an order for alternate service, and they got the papers into your hands. I can't read the court's orders from here, but it sure sounds like you've been served.

    3. If you go to court and object to service, you don't get a dismissal - they get another opportunity to serve you.

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