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In court on old credit card debt. Raised defense of

Sent to Legal Experts July 23 2008 at 4:00 PM
   

In court on old credit card debt. Raised defense of improper service and lack of jurisdiction as service was on a NYC apt at a time when I had not been in NYC for 2 months prior and did not return for a total of 6 months. Had mail temporarily forwarded and was issued an out of state ID during the interim. No one else occupied the apt and legal mail was in box for months before I returned. Now I have a traverse hearing scheduled and do not really know how to win. Any advice appreciated.

 

Optional Information:
New York, New York

Already Tried:
Filed answer challenging service; and jurisdiction Also on SSD and will probably file Chpt 7 anyway. Own a home out of NY though and don't want to jeopardize that.

Customer (name blocked for privacy)
Status:  Closed   Value: $15
Answer
July 23 2008 at 4:22 PM (21 minutes and 51 seconds later)
         
ACCEPTEDCheck Mark

NY has complex rules on procedure and service. From what you explain in your question you had been in NY before you were served, the fact that you weren't there when you were served does not mean that the court lacks jurisdiction. Jurisdiction over you comes from your significant ties to the state and since the court action is probably based on something that happened while you were in NY they have jurisdiction over you.

As for service, NY prefers personal service. However, if a few attempts at personal service are unsuccessful then the rules allow for you to be served by mail and other ways depending on the circumstances. Chances are your service argument will not be successful unless you can show that the server did not follow procedure.

Another note. If NY can't get jurisdiction over you "in personam jurisdiction" then they will attempt to get jurisdiction over your NY property "in rem jurisdiction." If you wish to protect your NY house you should hire a NY attorney.



Edited by Law Answer Man on July 23 2008 at 4:24 PM

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July 24 2008 at 2:19 AM (9 hours and 56 minutes and 33 seconds later)
         
Reply to Law Answer Man's Post: The house is in Indiana, not NY and is fire damaged under an order of vacate and condemn. What can I do to prevail during the traverse hearing is what I;m trying to ascertain. I have the temporary fowarding order from the U.S. Postal Service for the 2 months prior and throughout the time the server was trying to serve me and for three months afterwards. Utility bills showing that I was not in the apt. They served an unoccupied apt. Or should I simply begin Chapter 7 if other creditors are likely to follow suit?
Customer (name blocked for privacy)
Answer
July 24 2008 at 2:30 AM (10 minutes and 58 seconds later)
         
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