Expert: Kathleen Eads - 8/3/2006

Question
Hi,

My friend has a judgement against him, that I guess has run out, and now someone is trying to serve him again. He never answers the door, so no one is able to do this. The other day, they left the papers in his front door. My question, is, Is this legal in NY state, and can they say they served him. My thought would be no, but I just wanted to see if it were actually possibly. Keep in mind, this did not come through the mail either, it was just left in his door.

Thanks for your help.

Answer
Harold,

I'm not an expert on the EXACT legal process when it comes to serving summons & complaint, but I know after so many attempts, the courts can award a default judgment to the creditor if they are unable to locate the debtor.  

I would call the courts and check with the clerk in the appropriate burrough.

Kathleen Crabtree-Eads