False Information on an AFFIDAVIT OF SERVICE in New York

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Latest post Fri, Apr 10 2009 3:23 PM by Michael D. Siegel. 2 replies.
  • Wed, Apr 8 2009 4:55 PM

    • wm820
      Consumer
    • Not Ranked
    • Joined on Wed, Apr 8 2009
    • NY
    • Posts 1

    False Information on an AFFIDAVIT OF SERVICE in New York

    Hello:

         My wife and I are having financial difficulties and have entered into a debt settlement program.  We are now being sued by one of the creditors and have already answered the summons explaining that we had no choice but to enter the debt program since I am on permanent Disability.  The plaintiffs lawyer recently sent a "Notice of Motion to grant summary judgment to plaintiff" because we pretty much admitted that we owe the debt.

       While I was looking through the papers I looked at the "Affidavit of Service" and noticed all sorts of false information such as:

    1) The server marked that he served it to my wife when he did not, the envelope was stuffed in the front door.  He even wrote a description of the person he claimed to serve.

    2) He also stated that he asked the person whether the defendant was in the Military which also he did not because he didn't personally serve it to anyone.

    3) He also wrote the date it was served was about a week before it was actually was served.

    My question is are process servers allowed to lie like that on a sworn affidavit?  Is there anything we can do?  Any help would be greatly appreciated since we are PRO SE defendants.

    Thank you,

    Bill

     

  • Wed, Apr 8 2009 10:23 PM In reply to

    Re: False Information on an AFFIDAVIT OF SERVICE in New York

    wm820:
    My question is are process servers allowed to lie like that on a sworn affidavit?

    "Allowed to"?

    No.

    Do they lie?

    Of course, they do.

    Murder's not "allowed" but it's done everyday.

    wm820:
    Is there anything we can do?

    There's probably a separate process where you can file a complaint with the court.

    But since you already filed an answer, you've acknowledged receipt of service and placed yourself under the jurisdiction of the court and there's no turning back from that.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Fri, Apr 10 2009 3:23 PM In reply to

    Re: False Information on an AFFIDAVIT OF SERVICE in New York

    Jack is right.  Had you moved to dismiss on the basis that there was no jurisidction to due faulty service instead of answered, you would have had a point.  In New York, the court would set a traverse hearing to have a mini-trial on service.  If you have a leg to stand on, and it appears you did, this can delay a case to your benefit.  However, having answered, you have now conceded jurisdiction.  In the end, however, these procedural games just delay the inevitable, and you are going to have to deal with this debt.  Go to court on the motion day, and try to settle the matter with the assistance of the court.

    Michael D. Siegel, Esq.

    Siegel & Siegel, P.C.

    One Penn Plaza

    New York, New York 10119

    Phone: 212-721-5300

    email: sieglaw@optonline.net

    website: www.siegelandsiegel.com

    Serving the metro New York area, including New Jersey

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