Summons Wasn't Served Properly to Me

**Stranger** · 03-17-2006, 11:43 AM

New York supreme court
I was in court today and read file with my case and I paid attention to "Proof of Service" of Summons to me, they have two of them, and it total lie.
First they said that when they tried it first time no one opened door (I was home at this day and time they mentioned and no one came).
Then they said on second day they gave Summons to my mother she is opened door for them. (I live alone and my Mother lives in Russia).
And then they said next day they send it by mail (well, I got second summon by mail it right, one month later after the first one witch was attached to the door and I have mail envelop with it).
Even my last name in their "Proof of Service" (in both) was spelled wrong in all places where they mentioned it.
Note: Summons itself has my name right.
How they did their "Proof of Service", is good chance to dismiss the case?
Other question if I dismiss the case can I still countersuit them? I want it so bad that even if you say I can't suit them if case dismissed, then I'm not going to dismiss it even if I can.
Note: i'm not thinking to countersue them simply for improper service i know i can't. I have others countersues I want to introduce them to.

Thanks in advance

**lwpat** · 03-18-2006, 04:06 AM

Based on your post you need to hire an attorney, like months ago.

**Stranger** · 03-18-2006, 09:34 AM

Quoting lwpat

Based on your post you need to hire an attorney, like months ago.

I read the complaint and maximum I can loose around $3000 even if they asking for $66000. Lawyer here is asking $300 p/h and $4000 in advance.
So, what the reason to hire attorney and pay him more then Iâ€™m going to loose in worst case scenario? But Iâ€™m not going to loose even with out your help.

Isnâ€™t this site was designed that if user looking for answer to help him to find it?
If you have nothing to say or you have not education to say any thing according the question, I would appreciate if you wouldnâ€™t answer at all.