Forester and Garbus, Motion To Vacate
Date: Mon, 11/24/2008 - 10:12
Hello,
I have a default judgement from Forester and Garbus and have filed a motion to vacate for improper service. I was never served and the days and times they say they served me, or attempted, I and my wife were definately home, so they lied in their affadavit of service. Anyhow, here is what I was hoping you could help me out with.
I am seeking some case history or precedence that shows this firm knowingly tries to improperly serve people or any court case that was thrown out because they improperly served the defendent. Can anyone help with that?
Plus, they say they served us, nail and mail - they did neither, at 7:38AM, is that legal? Here is how I see it, collectors cannot call before 8 AM, a process server is an agent of the collection firm and therefore shuold be subject to the same restrictions...I know, it is a long shot, but it sounds reasonable to me which means a court would not accept that arguement, keep in mind we were NEVER served.
One last thing, what is the CPRL in NY code for serving defendents, I need it for my summons. I really apprciate your help and all I want is my day in court to prove my innocents of this debt!! Thanks so much folks.
I have a default judgement from Forester and Garbus and have filed a motion to vacate for improper service. I was never served and the days and times they say they served me, or attempted, I and my wife were definately home, so they lied in their affadavit of service. Anyhow, here is what I was hoping you could help me out with.
I am seeking some case history or precedence that shows this firm knowingly tries to improperly serve people or any court case that was thrown out because they improperly served the defendent. Can anyone help with that?
Plus, they say they served us, nail and mail - they did neither, at 7:38AM, is that legal? Here is how I see it, collectors cannot call before 8 AM, a process server is an agent of the collection firm and therefore shuold be subject to the same restrictions...I know, it is a long shot, but it sounds reasonable to me which means a court would not accept that arguement, keep in mind we were NEVER served.
One last thing, what is the CPRL in NY code for serving defendents, I need it for my summons. I really apprciate your help and all I want is my day in court to prove my innocents of this debt!! Thanks so much folks.
Here's a reference for rules of service in all 50 states: ser
Here's a reference for rules of service in all 50 states:
serve-em.com/servicemap.html
