Being served a summons in New York.?

Question

Isn't true that the plaintive can not personally serve a summons?
If so, What would the judge do about it being served wrong?

Answer 1

Yes a plaintiff can not personally serve a summons. a competent person over the age of 18 that is not a party to the suit may though....meaning if it is a brother to the plaintiff or wife etc it is a proper serve...just the plaintiff himself may not serve the papers.

Answer 2

The summons is to be served by the sheriff of the court under the law. The plaintiff cannopt serve the summons unless allowed by the court. Otherwise, you can file a case for violating the service of summons.

Answer 3

You are correct that the plaintiff may not personally serve summons, nor can the plaintiff's lawyer. Generally speaking, anyone else over the age of 18 can serve process.
If service is improperly made, you can file a 12(b)(5) motion for insufficiency of service (if it's in federal court) or the relevant state court motion.

Answer 4

a mere technicality, what are we talking about. probably small claims court. a lawyer probably wouldn't make that mistake . lets assume you are being sued for a thousand dollars. that's what the plaintiff filed with the court so the judge knows it. lets also assume plaintiff tells the judge he personally served the papers.....since you argue improper service you obviously owe the money. judge says how about instead of wasting court time you agree to pay the plaintiff 700 dollars and be done with this case. you are going to lose anyway and right now you are out six hours of traveling to court and waiting in court for your case to be called. when was the last time you earned $50 per hour....to come back to court again will effectively cost you $25 per hour.

Answer 5

Improper service means the court does not have jurisdiction to hear the case; you should file a Motion To Dismiss For Lack of Jurisdiction.