ABaldbrotha Posted November 8, 2007 Report Share Posted November 8, 2007 (edited) While I was in the court house yesterday, I ran a search on my name. To my surprise there was a file opened with an unserved summons and complaint from a rather busy CA in the NYC area. The CA represents an old Crap 1 account on my CR which I disputed, but remains on EX only. The summons was dated for June 2007, but nothing more in the file. The account is not out of SOL. There is no Affidavit of Service. I was never served.Should I answer it? Ignore it? Should I DV the CA? Can they get a judgement on that after all these months?Your advice is requested.Thank you________Ship Sale Edited May 15, 2011 by ABaldbrotha Link to comment Share on other sites More sharing options...
ABaldbrotha Posted November 9, 2007 Author Report Share Posted November 9, 2007 (edited) I found the answer to my own question in the CPLR. For those who had the same question and needed the info, here it is:1. A copy of the Summons with Notice or Summons and Complaint, with the index number and filing date stamped on it, is to be delivered to the defendant personally, or upon application, by court ordered alternate service.2. The defendant must be served within 120 days of the purchase of the index number and the filing of the Summons with Notice or Summons and Complaint unless an application for an extension of time to serve is made by the plaintiff?s attorney and granted by the court.3. Personal service upon the defendant should be made by a person 18 years old or older who is not a party to the action. No service is to be made on a Sunday.________HERBAL VAPORIZERS Edited May 15, 2011 by ABaldbrotha Link to comment Share on other sites More sharing options...
Recommended Posts