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Wed 16 Mar, 2005 06:14 pm
Is there a proper procedure which must be followed in order to give the Respondent the suit.
Must you give it in person or is it acceptable to leave it hanging on a door?
My mother recieved a legal document which indicated that she is being sued (I forgot the name of the doc). The document was NOT given to her in person, but it was TAPED to the door when she returned home.
Is this grounds for ignoring the suit? Or is it still vaild (legal)?
States have varying laws on the proper method for a process server to "serve notice". In some states they are required to have person-to-personm contact. In others person-to-person is the preferred method but delivery to the persons residence is an adequate substitue.
NY (assuming your mother lives in the same state you list) doesn't require a person-to-person delivery. It can even be done via the mail in NY.
See Rule 308:
http://www.guaranteedsubpoena.com/ny.asp
Thank you!
So according to the law: is it true that the plantiff's action is illegal? They broke confidentiality and they did not mail nor give the document in person.
In addition it was not addressed to anyone in perticular.
--(Rule 308 (2): by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons ...)