Legal Question in Credit and Debt Law in New York
My question involves a case where the defendant failed to pay back a personal loan.
After going through the small claims process, the case was forced to be dismissed because the defendant was never served due to a false address.
If the plaintiff is capable of appropriately serving the defendant, can he/she file the claim again without any "new" address on the defendant? Can the court directly issue the plaintiff a notice of claim and summons to appear? (In reality, plaintiff does not have an official address but has access to physical location of defendant).
1 Answer from Attorneys
Q. can he/she file the claim again without any "new" address on the defendant?
A. Yes. Service may be made on the individual personally.
Q. Can the court directly issue the plaintiff a notice of claim and summons to appear?
A. Small claims court issues a summons by certified mail. In your particular instance that is not going to work since there is no address for the defendant. You are responsible to serve a summons issued by the Civil Court / District Court or Supreme Court. If that is the case, you would take a copy of the summons to a licensed process server for service.
Mike.
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