Question about Affidavit of Service

[ms406]

I posted recently about the default judgment against my husband. We are located in NYC. He was never served, and we found the judgment through checking his credit report this year.

I noted in that post a couple issues with the affidavit of service that was included in the filing that we went to the court to make copies of.

1) Says summons was sent to correct building but lists apartment as "2" when the building has ~20 apartments on the second floor designated by a letter after the number (with two wings of the building - each floor has two different mail areas)

2) Claims address was confirmed with neighbor "Jane Doe" who of course does not exist

3) Claims summons was affixed to door, but was not, as they did not even have the apartment #

I also noticed today that the affidavit of service says ".....deponent served the within Summons and Complaint with Index Number ________________ and date filed ___________ endorsed thereon, on......

The Index Number and the Date Filed are BLANK. Is this an issue? Should I mention this when we vacate the judgment?

There is also a box checked off for Mail Copy that has a blank space to write the Certified Mail no. by which it was sent. That is blank too.

Are these things I should mention?

Thanks!

[Coltfan1972]

You basically just wrote your motion to vacate the judgement. You just made your argument, and it sounds like a dang good argument.

[ms406]

Thanks. In the affidavit of service, it also states that it was mailed on July 11, 2005. However, in the default judgment papers, it says they mailed papers on July 14, 2005. I'm not sure if discrepancies like this matter.

[Coltfan1972]

Thanks. In the affidavit of service, it also states that it was mailed on July 11, 2005. However, in the default judgment papers, it says they mailed papers on July 14, 2005. I'm not sure if discrepancies like this matter.

Of course it does !! If nothing else, it goes to the overall credibility of the person/company with the judgement and the overall credibility of the documents.

If they did not cross every T and dot every I then you need to raise the issue. Let a judge decide how much weight to give each argument you make. You make the absolute strongest case you can make, you've got a judgement against you, don't hold anything back. Hit them with everything you can think of without being frivilous. It's all out assault time. Take no prisoners and off with their heads !!! Bury them under the courthouse.

[Torden]

If they get more than one little thing wrong, that goes against the credibility of their work flow processes. They may be getting a LOT of things routinely wrong. They may even be robo-signing (which debt collectors have been doing for decades before it was commonly know to be done by mortgage companies). And this can support the defenses you would have been expected to raise of everything had been done by the book. For example, if you don't know that you have any debt owed to the specified creditor, you could argue that the lack of credibility also applies to their overall bookkeeping and/or skiptracing.

[ms406]

Thank you again!

[Guest usctrojanalum]

The fact that it only says apartment 2 when there is 20 units on the second floor helps. Jane Doe is a term used when a person refuses to give their name (in this case she was a woman), she probably does exist she just did not want her identity revealed at that time.

[ms406]

The fact that it only says apartment 2 when there is 20 units on the second floor helps. Jane Doe is a term used when a person refuses to give their name (in this case she was a woman), she probably does exist she just did not want her identity revealed at that time.

Or they didn't understand "her". Most of our building doesn't speak much English....