Q: If my exes lawyer does not properly serve me papers by the date judge put, what happens with their “filings”?
My exes lawyer has been calling me, leaving messages that have an underlying intimidating tone, telling me I need to come to her office to pick up court papers they supposedly filed by a certain date. They are aware I live in PA, they have my address and my work address as well - lawyers office is in Nassau county, NY. Why would they demand I come to them to get served knowing it is their obligation to properly serve me? What happens if they do not serve me by the date they are saying the judge gave them? Does their motion or petition get dismissed ? Why are they harassing me?
A: The papers most likely require personal service on you. It is their obligation to serve as directed by the court. If it isn't done, they will just ask for a new service date.
A:
In legal proceedings, proper service of documents is a critical step. If your ex's attorney fails to serve you the court papers in the manner required by law by the specified date, their filing may not proceed as planned. Each jurisdiction has rules on how legal documents must be served, and failure to adhere to these rules can impact the progress of a case.
Since you reside in Pennsylvania and the lawyer's office is in Nassau County, NY, demanding that you personally collect the documents is unusual and may not constitute proper service under New York law. Generally, documents should be served in a manner that reasonably assures receipt, such as personal delivery, mail, or sometimes even electronically, depending on the jurisdiction and the specific circumstances of the case.
If they fail to serve you properly and on time, the court may not allow their motion or petition to go forward. However, this does not automatically mean their case will be dismissed. They might be given a chance to correct the service error or face other consequences depending on the judge's discretion and the specifics of the case.
The perceived harassment from the lawyer is concerning. If you feel intimidated or harassed, you may consider reporting this behavior to the appropriate legal authority or consulting with your own attorney to address these issues. An attorney can also provide you with advice on how to respond to the service issue and protect your legal rights in this situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
