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Hi everyone, don't know if this i the right area or not but I'm wondering if someone i taking me to court and they get the papers to serve me, what proof would they have to provide that the person was actually served? I have this odd feeling that is the case with me...saying he served me papers but not serving me so I don't show up and lose by default. What's to stop the plaintiff from just lying about serving papers? Thank you - Neil
The person taking action against you cannot serve you. Some third person would have to lie under oath that they accomplished the task. Obviously, this is possible, but unlikely as it is a crime to do so.
Hi everyone, don't know if this i the right area or not but I'm wondering if someone i taking me to court and they get the papers to serve me, what proof would they have to provide that the person was actually served? I have this odd feeling that is the case with me...saying he served me papers but not serving me so I don't show up and lose by default. What's to stop the plaintiff from just lying about serving papers? Thank you - Neil
Google is your friend....
In NYS plaintiff themselves cannot serve legal papers, but must use a process server.
Failing to serve papers properly can result in case being dismissed. Anyone lying about method or manner of affidavit of service faces serious consequences and repercussions.
Failing to serve papers properly can result in case being dismissed. Anyone lying about method or manner of affidavit of service faces serious consequences and repercussions.
Thank you but what if they got a family member to serve papers? I know they cant serve them themselves but what if they got someone to lie about it? thank you
Hi everyone, don't know if this i the right area or not but I'm wondering if someone i taking me to court and they get the papers to serve me, what proof would they have to provide that the person was actually served? I have this odd feeling that is the case with me...saying he served me papers but not serving me so I don't show up and lose by default. What's to stop the plaintiff from just lying about serving papers? Thank you - Neil
You won't lose by default. Far too many people believe they can win a court case this way. Sadly they are wrong. They just waste everyone's time.
Once you don't respond the court will send the place you were allegedly served at a notice of default. If there is no response to that he could get a default judgment but if you eventually come along and state you were not given notice of the suit most likely the court will vacate the default judgment and allow litigation to go forward.
It is impossible to prove a negative. So you won't have to prove you weren't served. That would be impossible.
The equities are with allowing the case to proceed even if it really does seem you were served. The equities are not with allowing people to win on technicalities.
Thank you but what if they got a family member to serve papers? I know they cant serve them themselves but what if they got someone to lie about it? thank you
Again what is so hard to understand? Links above from court system clearly spell things out. No one can lie about service of affidavits and get away with it for most part.
All plaintiff has to tell court is they were not properly served. Court then will look to record (who served affidavit and when), if necessary whoever acted as process server will be compelled under oath to again affirm they served affidavit in question.
Court papers are usually served three ways; in person, via regular mail and certified mail.
If served on/to a person process server will swear out an affidavit stating date, time, place, manner served along with description of person papers were served to.
If served at a residence, office, or other place where plantiff was not there to be personally served process server will affix papers to front door of building, on front of building, in lobby or vestibule, on front door of office, apartment, house, etc... They will then take a picture which will be included with their filing of an oath stating proper service of papers.
Mail is self explanatory. Courts have ways of determining even when regular mail is received, redirected (as in moved), usually via "electronic service requested". https://www.quora.com/What-does-elec...US-postal-mail
Certified mail of course is what it it is....
Courts aren't stupid, someone who claims papers got "lost in mail", likely will get some raised eyebrows. More so if said letter is never returned to sender.
Finally as you've already been told all this chatter about improper service means nothing really. If a default judgement is granted based on claims of non-receipt/improper service, plaintiff then can file motion asking for an order to show caused based upon those grounds. If approved by court (and usually will because courts would rather have cases tried on merit not decided by default), it only means default judgement is vacated, and case restored to court calendar. Then at a future date there will be a trial.
Hi everyone, don't know if this i the right area or not but I'm wondering if someone i taking me to court and they get the papers to serve me, what proof would they have to provide that the person was actually served? I have this odd feeling that is the case with me...saying he served me papers but not serving me so I don't show up and lose by default. What's to stop the plaintiff from just lying about serving papers? Thank you - Neil
The process server is proof that papers have been served. But he has to physically see the person who responded to identification, like "Hi, Mr John Doe?", "Yes?", "Here is a letter for you", legally, the process server can only drop the letter to the defendant's feet as long as they have been identified.
If unable to serve, the court can decide that any adult 18 or older can do so, if it makes access to the defendant easier.
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