subpoena

[Tammy_Westfall]

My husband was subpoened to go to court on November 12th. He did not recieve the supoena until today( November 9th). A sheriffs deputy did not deliver it to him. It was delivered to his brother's home instead of ours and his brother called and let him know that he had a supoena there for him. Is this legal and is the subpoena valid?

 

[Proserpina]

Has your husband ever lived at your brother's home?

Do they have similar names?

What does the subpoena address exactly?

 

[Tammy_Westfall]

No, my husband his never live with his brother.
The only similarity to any name is that they share the same last name that is Westfall.
There is no address on the subpoena and from what we understand is that his other brother(the respondent) was suppose to bring it to my husband. Now is that legal?

 

[army judge]

No, my husband his never live with his brother.
The only similarity to any name is that they share the same last name that is Westfall.
There is no address on the subpoena and from what we understand is that his other brother(the respondent) was suppose to bring it to my husband. Now is that legal?

I suggest your husband consult an attorney, if he wishes to challenge the service.
If he has meritorious defenses against teh process, he'd be better served to defend them in court, rather than avoid service.

When one avoids service, especially in smaller claims, it often results in a default judgment against them.

That said, here is New York's Rule 308. It speaks to how one MUST be served. Don't take it literally, service (and avoidance of service) is far too complex for a YES or NO answer, in many cases.


I'll also include the page from whence the information evolved!

Rule 308. Personal service upon a natural person.
Personal service upon a natural person shall be made by any of the following methods:

* by delivering the summons within the state to the person to be served; or
* by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later; service shall be complete ten days after such filing; proof of service shall identify such person of suitable age and discretion and state the date, time and place of service, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law; or
* by delivering the summons within the state to the agent for service of the person to be served as designated under rule 318, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;
* where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later; service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;
* in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section.
* For purposes of this section, "actual place of business" shall include any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.

http://www.serve-now.com/resources/process-serving-laws/New-York#317