do i need a proof of service with "demand for complaint"

[seniorjudge]

You don't need to re-serve your demand via a friend at this point.

With respect to the "bogus" aff of service that was filed in your case, to contest it, you'd need to file a motion or an order to show cause for a "traverse hearing" (google it). That's the proper way of contesting service, particularly if there's no more time left for them to reserve you under the statute of limitations. On the other hand, if there is a lot of time left under the SoL (or at least enough to re-serve you), then filing for a traverse hearing is basically nothing more than a good way to annoy the other side.

You can also file a motion under CPLR 3211(a)(8) (you can read the whole thing here: http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS). The "danger" of doing it that way is that by moving, you will have made a legal "appearance" in the case, as opposed to a traverse hearing, at which you would physically appear, but not legally. Plus, as you can see in the statute, you only get one bite of the apple for 3211 motions, so if any of the other potential defenses listed in it may apply to your/your case, you don't want to just move on one ground and waive the others - you want to move on all of them.

{edit} Filing an answer also creates a legal "appearance" so if you choose to file for a traverse, you must do it before serving your answer. If you aren't requesting a traverse, make sure you file your answer within 30 days of the alleged date it was served on you to avoid a potential default judgment.

Try telling some lawyers that there is no such thing as "a special appearnce"!

 

[You Are Guilty]

Try telling some lawyers that there is no such thing as "a special appearnce"!

There is no such thing as "special appearances", there are only special lawyers

 

[seniorjudge]

There is no such thing as "special appearances", there are only special lawyers

Amen and amen....

 

[Stranger]

....Sometimes complaints come by mail; since you asked for it, they just sent it to you by mail. It doesn't have to be served differently since you are the one who asked for it to be sent to you. That's not really "service"...they are just responding to your request....

Do you understand what you just said? Looks like you have no idea what are you talking about. All your answers and replies have been misleading or just have info below 0 and not only in my threads. Been a senior member not makes you a good person.

If I wouldn't ask for complaint they would go to default. I had no choice but ask for complaint this is only option I had to avoid default after I got "Summons with notice".

I would really appreciate if you wouldn't try to answer to any of my questions.

 

[Stranger]

You don't need to re-serve your demand via a friend at this point.

With respect to the "bogus" aff of service that was filed in your case, to contest it, you'd need to file a motion or an order to show cause for a "traverse hearing" (google it). That's the proper way of contesting service, particularly if there's no more time left for them to reserve you under the statute of limitations. On the other hand, if there is a lot of time left under the SoL (or at least enough to re-serve you), then filing for a traverse hearing is basically nothing more than a good way to annoy the other side.

You can also file a motion under CPLR 3211(a)(8) (you can read the whole thing here: http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS). The "danger" of doing it that way is that by moving, you will have made a legal "appearance" in the case, as opposed to a traverse hearing, at which you would physically appear, but not legally. Plus, as you can see in the statute, you only get one bite of the apple for 3211 motions, so if any of the other potential defenses listed in it may apply to your/your case, you don't want to just move on one ground and waive the others - you want to move on all of them.

{edit} Filing an answer also creates a legal "appearance" so if you choose to file for a traverse, you must do it before serving your answer. If you aren't requesting a traverse, make sure you file your answer within 30 days of the alleged date it was served on you to avoid a potential default judgment.

Thanks a lot it was very informative.