Substituted Service Question

[latigo]

Please tell me what I didn't understand. I was told substituted service isn't a thing, that it's called personal service. And at least in New York, that's not true. I was told that someone merely has to be present at your home to accept service on your behalf, when that's not true either (first link on substituted service New York in Google). I was advised to stop whining and get a copy of the affidavit of service and court documents, when my initial post makes clear I already had that affidavit. (I am in possession of other documents, as well, including the proposal of default judgment, which was accepted by the clerk.)

Multiple posters have told me I don't know what I'm doing and have it all wrong. And fine. Please. I'd love to know that. That's why I'm here. But instead of just being flippant and unhelpful, maybe point me to something that shows I'm wrong? In any case? Not one answer to the question I asked? Aren't lawyers supposed to be about evidence and walking you through and proving a case? Nothing here but empty suggestions that I don't know what I'm talking about, that I'll mess everything up, accompanied by inaccuracies.

I thought this was a forum for legal advice. And it seems like the only advice anyone's willing to offer is "consult a lawyer." It's a pretty poor showing if you all are actually lawyers.

In the first place I didn't use the word "whining" I wrote "whimpering"! But take your choice; one is as descriptive of your disagreeable, disputatious and nitpicking attitude as the other.

Now if you will shut up for a minute I will explain where you are in error in confusing personal service of process in conformity with Rule 308 of New York's Civil Practice Laws and Rules with substituted service.

The Rule states (now try to stay with me - I know it is difficult for you) that PERSONAL SERVICE upon a natural person can be achieved by either:

(1) Delivering the summons within the state to the person to be served; or

(2) Delivering the summons within the state to a person of suitable age and discretion at the actual place of business of the person to be served or the usual place of abode of the person to be served. (Followed by mailing a copy of the summons by first class mail to the person to be served, etc., etc., )
_________________

Now where you make you bloomer (which you can't seem to dislodge from your craw) is that service upon an individual of suitable age and discretion at either the place of business of the person to be served or the usual place of abode of said person to be served IS NOT SUBSTITUTED SERVICE! IT IS AN ALTERANTIVE TO PERSONAL SERVICE!

Which is precisely what FlyingRon was attempting to explain.

Some day you just might be blessed with the knowledge that the opposite of talking is not waiting. IT IS LISTENING!

 

[Zigner]

Would it be fair to say that "substituted service" is one method of "personal service"?

 

[latigo]

Would it be fair to say that "substituted service" is one method of "personal service"?

This thread is the epitome of silliness. The OP acting stupidly silly over a matter of semantics. What the heck difference does it make if service upon a select individual other than the person named in the summons under described circumstances is considered as substituted service or personal service.

The drafters of New York's Rule 308 elected to allow "personal service" within the state obtainable in one of two methods.

Fini! End of friggin' story.

 

[quincy]

... Fini! End of friggin' story.

End of story ... until the missing posts are located and added to the thread.

annachry might want to make use of the first link I provided (nycourts.gov) and click through the various other links on each page. The New York courts have provided a nice walk-through for consumers who are trying to figure out how to represent themselves in court. The courts have provided information not only on what is and is not proper service but also information on how to vacate a default judgment.

Walking through all of the steps necessary will be a lot of work for annachry but the debt is a sizeable one and perhaps worth disputing before considering bankruptcy. It would certainly benefit annachry to have an attorney assist with this.

 

[mmmagique]

Not to mention that discussing this debt with a collector, and also offering to make a payment, has probably restarted the statute of limitations. OP needs to see an attorney. This is too much money to be playing amateur attorney over.

 

[Zigner]

Not to mention that discussing this debt with a collector, and also offering to make a payment, has probably restarted the statute of limitations.

This isn't a "debt", this is a judgment. As such, the "SoL" for debt doesn't apply. The time limit for enforcing a judgment is what applies - and I believe (without double-checking) that the time limit in NY is 20 years.

OP needs to see an attorney. This is too much money to be playing amateur attorney over.

Agreed

 

[mmmagique]

This isn't a "debt", this is a judgment. As such, the "SoL" for debt doesn't apply. The time limit for enforcing a judgment is what applies - and I believe (without double-checking) that the time limit in NY is 20 years.


Agreed

You are correct. Thank you. She still needs an attorney, imo.