What is the name of your state (only U.S. law)? New York
Last summer I filed a lawsuit in Livingston County NY under federal T.C.P.A. law, against a telemarketer in Broward County Florida and soon afterward had the Sheriff serve them. The Defendant chose not to respond to the suit and my next step would have been to apply for a "Judgment by Default".It is my understanding that the Plaintiff has 120 days after the filing of the suit to file the proof of service.
I had somehow lost the proof of service (oops!). I then requested that the Sheriff send me another proof of service. They sent me a file copy which the Livingston County clerk deemed unacceptable for filing. I have repetedly tried to get Sheriff and the deputy who served the process to send me another original proof of service or a certified copy which they refused to do, and so the 120 days has past.
My question is how do I handle this ?
Do I ?
1) File the suit all over again and have the defendant served again.
2) Subpoena the Sheriff and/or deputy for another original proof of service.
3) Have the Defendant served all over again.
4)Go ahead and file for the default judgment, somehow using the file copy of proof of service.
5) file a FOI request
Please give me an opinion on this or at least point me in the right direction. I've tried to get a definitive answer either in print or from law clerks to no avail. Thanks for any help you can provide.
mnobleWhat
Last summer I filed a lawsuit in Livingston County NY under federal T.C.P.A. law, against a telemarketer in Broward County Florida and soon afterward had the Sheriff serve them. The Defendant chose not to respond to the suit and my next step would have been to apply for a "Judgment by Default".It is my understanding that the Plaintiff has 120 days after the filing of the suit to file the proof of service.
I had somehow lost the proof of service (oops!). I then requested that the Sheriff send me another proof of service. They sent me a file copy which the Livingston County clerk deemed unacceptable for filing. I have repetedly tried to get Sheriff and the deputy who served the process to send me another original proof of service or a certified copy which they refused to do, and so the 120 days has past.
My question is how do I handle this ?
Do I ?
1) File the suit all over again and have the defendant served again.
2) Subpoena the Sheriff and/or deputy for another original proof of service.
3) Have the Defendant served all over again.
4)Go ahead and file for the default judgment, somehow using the file copy of proof of service.
5) file a FOI request
Please give me an opinion on this or at least point me in the right direction. I've tried to get a definitive answer either in print or from law clerks to no avail. Thanks for any help you can provide.
mnobleWhat