Legal Question in Civil Litigation in New York
an attorney emailed me copies of � summons, that he refers to as "copy of the lawsuit against you" it has no index # case # or anything such as this!
it also has the address of the myself, the defendent, listed as something completely different than my actual address. I have never lived at, or heard of this address..
The attorney knows my correct address, as i have received mail from him there in the past.
I believe he is trying to scare me, and used a summons originally served on someone else, and just changed the information, but forgot to change the address to read as mine.
copies were sent by email only, nothing in person or regular mail. This cannot be a legitimate summons, correct? Also, if this is a phony document, would that be illegal?
Thank you.
1 Answer from Attorneys
Sounds bogus. Both Civil Court and Supreme Court are file first courts. The service is meaningless except as a blip on the radar screen.
I suggest you click your way to the New York Courts information sit. Navigate to www.state.ny.us and click the link for GOVERNMENT. Then select AGENCY LISTING, COURT ADMINISTRATION, and ATTORNEYS. On that screen, click on DECISIONS, TRIAL COURTS and note the links for WEBCIVIL LOCAL and WEBCIVIL SUPREME.
When you get to those, look at the summons and see what court it's in. If it's Supreme Court, click the WEBCIVIL SUPREME link; otherwise, click on WEBCIVIL LOCAL. Run the search based on a name search.
You should not get hits on your own name (unless you have common name). You will now have a listing of all the cases where your name appears as a defendant. You can then go to the courthouse and pull the files if there are any matches.
If you get no hits, I suggest you repeat the process monthly. I have seen several plaintiffs' lawyers who send summons through the mail, email, etc for months--one case, the nimrod did so for a year and THEN tried to ambush my client. But because I saw the case had been filed within a month after it was filed, I was able to defend my client and have the case dismissed.
Good luck. You might be surprised to find that there are lawyers who will perform this service for rather small amounts. Lawyer-style small amounts, e.g., ~$500.00, which normally would get one hour of my time but for these small cases, goes much farther, even to the point of starting (though not finishing) the defense of the case.
Related Questions & Answers
-
At what age is a parent not responsible for their childrens actions? Asked 2/24/11, 2:43 pm in United States New York General Civil Litigation
-
What is a letter of intent? and whom or what format is it drawn up on? Asked 2/15/11, 5:10 am in United States New York General Civil Litigation