Legal Question in Credit and Debt Law in New York

Re: Summons Served

I disagree with Mr. Levit's response on two grounds.

First, as to the immediate lawsuit, I do not believe that the service of the summons was sufficient to confer jurisdiction. The server can deliver the summons to someone other than the defendant (a "person of suitable age and discretion"), but the service has to be AT the defendant's actual place of abode, not across the street.

Second, I believe a colorable claim can be made on these facts of a violation of the Fair Debt Collection Practices Act.

A lawyer might have other things to say after seeing the papers. There may well be a Gramm-Leach-Bliley cause of action (Violation of the Right to Financial Privacy Act). There may well be a HIPAA violation (Medical Privacy). One would have to see the papers, one would. One should be looking in the Yellow Pages for trial lawyers, one should.

Good luck.

Re: Summons Served

1. The service of process appears defective. The court will not know unless you file an answer raising this defense.

2. A complaint against the process server can be filed with the appropriate City licensing department.

Re: Summons Served

It is not only legal, it is proper service. You will receive another copy in the mail shortly. You should retain a lawyer.

Daniel Clement

Re: Summons Served

There are many ways to serve a summons. One is to deliver it to a person of suitable age and discretion in your household who is expected to deliver it to you. I am not exactly sure of the facts (how many times did the process server try to serve it on you personally)...and I am not sure of the validity of that particular method of service...but I do believe it is NOT at odds with the statute. Remember, while a debt may be something you would rather keep private, a law suit is a public matter.