Legal Question in Credit and Debt Law in New York

Served by proxy?

Two part question: Today someone left a civil summons (for me) with my father. While I no longer live there, it's still my legal mailing address. When the server was told I did not live there, my father received ''well, your name's last name'' as a response. Is that acceptable? Should I refrain from going and getting the summons? Can it be dismissed on these grounds?

Part II: The summons is filed regarding a sears card debt that I refused to pay many years ago. I'm almost sure the statute of limitations is up, but even if it isn't, sears charged it off (according to my credit report) many years ago, and it has bounced around various collection agencies since. I have never acknowledged responsibility to pay this debt. Are they allowed to just claim ownership of the debt and file suit? It seems like a bully tactic to extort me for triple the original debt. Can I fight this?


Asked on 3/15/08, 8:05 pm

1 Answer from Attorneys
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: Served by proxy?

If you were served by alternate means (i.e. not delivered to you directly) it must be done at your actual place of business or your "dwelling place or usual place of abode". If the process server was told that you do not live there (and if in fact you do not), then the service would not be proper and you can ask for dismissal based on improper service. However, if your driver's license, etc. still shows this as your address, it could be more difficult to claim that service was improper. Regarding the statute of limitations, if it has been more than six years since you last used the credit card or made a payment, then this would be a defense to the action. Debts can be purchased, even if beyond the statute of limitations. You should answer the summons and claim all affirmative defenses, including lack of personal jurisdiction (improper service) and statute of limitations. There are specific requirements for dismissal based on improper service. If you are in Nassau or suffolk counties, you may contact my office directly to discuss further.

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Answered on 3/16/08, 8:04 pm


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