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Subject:
Can I find out if someone has secretely filed a lawsuit against me
Category: Reference, Education and News Asked by: inquiringmind003-ga List Price: $35.00 |
Posted:
11 Jul 2005 05:50 PDT
Expires: 10 Aug 2005 05:50 PDT Question ID: 542128 |
I live in New Jersey and work in Manhattan, NY. In these litigious times, I would like to find out for sure whether or not someone may have secretely filed a civil lawsuit against me in Manhattan, but kept it secret by not "serving" the suit on me (yet). If you know how to do this, I can email you my name. If it turns out to be true, then I would want to know how to find out the specifics. Finding out the specifics could perhaps be worked out between us as an extra generous tip or as a second, separately paid for question, whatever you prefer. |
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Subject:
Re: Can I find out if someone has secretely filed a lawsuit against me
Answered By: richard-ga on 11 Jul 2005 11:25 PDT Rated: |
Hello and thank you for your question. As the cited website explains, the procedure in New York is that a lawsuit, often referred to as an ?action,? is typically commenced by filing a summons and complaint with the applicable office of the county clerk. After the action has commenced, a copy of the summons and complaint must be served on the defendant within 120 days after the filing date (with a limited exception where the statute of limitation is four months or less). Obtaining a Judgment in New York http://www.hodgsonruss.com/article_327.html The New York statute is the CPLR (Civil Practice Law & Rules). The table of contents of the CPLR is available online, but I have not located the text of the statute itself for you to read. http://caselaw.lp.findlaw.com/nycodes/c16/a4.html So, you need only be concerned with finding out about possible actions that have commenced in the past 120 days, since that would be the last day before you would receive personal service of the summons and complaint. Inside that 120 window, you would need to inquire at the New York [Manhattan] County Clerk's office at Battery Park to learn if you have been named in any such filing. County Clerk Offices 60 Centre Street http://www.courts.state.ny.us/supctmanh/cty_cler.pdf "When a case first reaches the County Clerk, the party must purchase an index number. At that time the Clerk will open a County Clerk's file and create a color-coded file jacket bearing the index number assigned to the case. Papers subsequently presented for filing will be filed in this jacket. Index numbers take the form of six digits followed by a slash and the four digits of the year the case began, e.g., 340705/1996." http://www.courts.state.ny.us/supctmanh/litigation_functions.htm "A filing made in the routine way will also be listed in the County Clerk?s minutes and the listing will appear in Datacase and Court Alert." Id. There is also an online system that you should first try accessing. I cannot vouch for how quickly it is brought up-to-date but unless you need instant information you may find it a lot more convenient than making periodic visits to Centre Street. Find All New York State Civil Supreme Court Pending Cases http://portal.courts.state.ny.us/pls/portal30/cms_dev.attorney_court_schedules.show Search terms used: cplr text "60 centre" new york county clerk site:.us Thanks again for letting us help. Google Answers Researcher Richard-ga |
inquiringmind003-ga
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Great work. Thank you very much. Couldn't ask for a better answer. |
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Subject:
Re: Can I find out if someone has secretely filed a lawsuit against me
From: clint34-ga on 11 Jul 2005 07:20 PDT |
You can not "secretly" be party to a lawsuit. Pick up the phone, call the Clerk of the Court, in which burrough or jurisdiction you think the case may be, and ask them if you are party to a lawsuit. That is how simple it is. |
Subject:
Re: Can I find out if someone has secretely filed a lawsuit against me
From: tmi9-ga on 07 Aug 2005 20:15 PDT |
Hi, I found this article to be extremely helpful. I did find some info that might help someone in addition to what was posted here. While it is true in county courts on up that the starting of a lawsuit is by filing with the court clerk, paying the fee and getting an index number, in city court the rules are different?at least in NY State. Commencement of a lawsuit is by serving, not filing. If you live away from the city you are being sued in i.e. out of the county or out of the state, the person (or his representative) who is suing you has to serve you. The law allows for several ways to do this. One is to ?nail and mail?. They nail a copy of the Summons and Complaint (the papers that say they are suing you , why they are suing you and what they want) , to the door of your last known residence or place of business and also mail a copy (within 20 days of each other) to your last know mailing address. If you don?t get it because you are not there anymore it doesn?t matter. They will give you 30 days to respond and if they do not hear from you (rules apply on how to respond) they will ask for a default judgment against you. That means you have to pay whatever they asked for in the Summons and Complaint. The way you find out about it is when they find you to collect on the judgment (amazing they don?t put forth as much effort to find you to serve you as they do to collect, isn?t it?). The good news is you have one year to fight a default judgment if you were not personally served and were out of the county or state (see the CPLR). Check out these sites to verify what I am saying. It took me hours and many many phone calls to find this info. I hope it saves someone else the trouble! http://caselaw.lp.findlaw.com/nycodes/c121/a4.html This is a link to the Uniform City Court Act, specifically to the part about the Summons and Complaint and how it must be served as well as how a law suit is started in the city courts. http://caselaw.lp.findlaw.com/nycodes/c16.html This link is to the NY Civil Practice Laws and Rules. Whatever isn?t superceded by the Uniform City Court Act applies in city courts. Don?t get confused when reading through these?easy to do?the CPLR (Civil Practice Laws and Rules) is for all courts in NY. The UCCA (Uniform City Court Act) supersedes the CPLR in city court only in the areas it specifies. |
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