Rome, NY asked in Civil Litigation and Small Claims for New York

Q: Can I be served papers that are dated 3 months back?

I was served papers by a debt collecting law firm, but the papers are dated December 30th, 2019, the Filing date is March 9th 2020, today is June 20th, 2020. I found the papers on my mailbox.

I don't know if these papers are valid, I have never spoken to this firm and we have never corresponded; in fact, before COVID-19, I was still in negotiations with the clinic to pay the bill. What is more, the courts have been closed in NYS for months. I am not sure how I can respond to papers filed 3 months ago, and given to me 3 months late. No attempt by this law firm was made to contact me by phone, in person, or mail. This is the first document I have received from this law firm and the services I am being sued for are unknown to me. I have no knowledge of this debt and no means to inquire further about it.

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: Due to the PAUSE order of Gov. Cuomo, all deadlines for service were tolled, meaning based upon your post, service is valid "nail and mail" service. Do not ignore the paper. File an answer, and then negotiate with the attorney.

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