dysfunctional service
Date: Mon, 11/05/2007 - 19:54
One thing overlooked here is that in some states (NY is one of them), the failure to serve a defendant with a summons upon commencement of action is also known as dysfunctional service. In NY, according to the CPLR, this is basically the death knell of any pending action, as the service is an irreversible error and therefore can not be remedied in an action (meaning, that the case is dismissed with prejudice or forever with no chance to revisit). In some states, this process begins far before service of a summons and complaint and also requires the timely service of a notice of claim (or in layman's terms, dunning letter).
I notice way too many people not taking that route when going to court, when severe fraud is being committed by officers of the court (all the way from process servers up to and including attorneys.
The lesson of the day, research your state's process of service rules and regulations, it may save you thousands of dollars from attorneys fees to cash in the bank and bankruptcy attorney fees.
God I'm glad we have attorneys on this forum. Thanks for the bri
God I'm glad we have attorneys on this forum. Thanks for the brilliant insight Hockeyman. BTW could you elaborate a bit on CPLR, I'm not familiar (and I'm sure that most people without deeply intimate knowledge of service (I'm assuming it falls under service).
Thanks
Thanks Hockeyman!! This is good for people to know- I know my at
Thanks Hockeyman!! This is good for people to know- I know my atorney asked the first thing, if I was served and how on a suit over a car wreck--Thanks for the info..karen :D
It does depend though - Sometimes if you can be found, and reson
It does depend though - Sometimes if you can be found, and resonable efforts are made to locate you, the judgement can be upheld. But it's a case by case situation.
goudah, that's why in a few states service by publication is all
goudah, that's why in a few states service by publication is allowed. If the plantiff can't find you within a period of time, the summons can be printed (usually in the Legal Section of the classifieds) - and you're served.
CPLR= Civil Procedures Laws and Rules. In NY, personal service
CPLR= Civil Procedures Laws and Rules. In NY, personal service is required in most situations especially when it comes to an action such as this. Service by publication is rarely allowed, specifically in situations when someone is out of the country.
Bossy, that is a very typical thing for an attorney retained by an insurance carrier to ask. I know that's the first question I ask when I speak to the insureds.
service by publication
Service by publication is sometimes used here in WA state, usually for a divorce where one party is avoiding service, or has simply left town altogether, less often for a civil suit, although it does happen if all else fails...
But usually service by publication is after a good faith effort
But usually service by publication is after a good faith effort has been made (eg: service by mail in minor cases, or 3 attempts with process server in major cases).