The plaintiff claims they left papers with a person I DO NOT KNOW. Like I said my tenant and my neighbor gave me Notarized Affidavits that state that this person is not known. However, the plaintiff is claiming a person accepted papers on my behalf but the name on them is not exactly mine. Is that valid in any way?
Validation request met with subpoena ♀
- Thread Starter pctechtv
- Start date
Zigner
Well-Known Member
Asked and answered.
Tax Counsel
Well-Known Member
I've already discussed the name spelling issue on the subpoena. The other issue is whether the service was good. If they served someone who is not a proper person to serve on your behalf the service wouldn't good and the subpoena wouldn't be effective. What relationship to you is the person who accepted service and is the address at which service was made either your home or place of business?
Yes, it is my home address. However, the person is not someone I know. I have Affidavits from two people saying that he is not known to the address or neighborhood. Thanks
army judge
Super Moderator
If you're lying or attempting to avoid/evade service, you're wasting your time. In fact, you're heading for a massive, brutal, beatdown.
If your story is 100% accurate, hiring an attorney might prove to be extremely beneficial to you.
If you developed food poisoning, accidentally ingested 8 ounces of bleach, or a cut on your arm festered and you developed SEPSIS, would you seek a solution/cure on WEBMD, or hot foot it to a nearby emergency room?
Apply the same logic to your perceived legal dilemma!
Redemptionman
Well-Known Member
AMEX and Discover are two companies that will come after you for bad debt. If you want to default on something, never default on those two companies.
It seem like just like other companies AMEX sells the debt to companies and they get to come after and still call it AMEX for credibility.
army judge
Super Moderator
No, its still AMEX debt, with another entity doing the heavy lifting for a cut on what is eventually collected.
That makes sense based on what I am seeing. Thanks
Redemptionman
Well-Known Member
How were you served? Did a process server get these papers to you? I would not argue service or jurisdiction.
What evidence do you have that the money you owe is bogus? Did someone other than yourself charge the items? Did you benefit from the use of purchase or what did you purchase with this CC. No one can know for sure except for you if the purchases which they are seeking reimbursement for are legit or not.
I already did. This wasnot given to me. I do not know the person. It has been explained to me that the traverse hearing will be to determine if they can continue, or will the case be dismissed based on bad service. If it allowed we will just be in headed to trail.
Like I said this is identity theft. The plaintiff has no facts pertaining to me. Just generalities about what could have possibly happened.
Redemptionman
Well-Known Member
Good luck, the quickest way to make an enemy of the court is to argue service since it is the most common argued defense but actually is hard to prove. If you have clear evidence of identity theft then focus on that, what exhibits do you have? evidence about the transaction not being yours?
If you have all of the proper paperwork and evidence then you should be able to get it dismissed.
Just make sure it is with prejudice.
In the evidence they have sent of statements there is not one transaction there. I keep saying this part, and I will say it again... they have a document as one of their exhibits from NY State trying to tie me to the corporation that one of the accounts was opened for. It clearly states that the corporation was dissolved in 2010. The account was opened in 2014. When the judge asked their lawyer about that he said the account could of been opened with a personal agreement. What he did was give a concept, he did not show a "personal agreement" for me or any other fraudster that could make such. Up to now all he has given is general concepts. No actual proof of anything. I plan on taking them to trail if I have to. If I have to I want to request a jury trail if I can...?
Zigner
Well-Known Member
Careful - this post, IMO, crosses the line into legal advice.
Somebody helpful at the court brought this up -
New York City has implemented regulations requiring process servers to use GPS technology to record the time, date, and location of service.
Reading over my Affidavit of Service (which took place in Brooklyn in November of 2020), I do not see the presence of this GPS technology. Can someone advise if this is important to my case? Thanks
New York City has implemented regulations requiring process servers to use GPS technology to record the time, date, and location of service.
Reading over my Affidavit of Service (which took place in Brooklyn in November of 2020), I do not see the presence of this GPS technology. Can someone advise if this is important to my case? Thanks
Zigner
Well-Known Member
Your attorney could advise you of this. It is beyond the scope of a legal forum, as giving specific advice on that could be construed as the practice of law.
Could you explain or show where this forum states that the type of questions or suggestion Redemptionman, (or any other member for that matter), is problematic as it crosses over into legal advice? Thanks
army judge
Super Moderator
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