Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
Cuomo Case Against Foster

Cuomo Case Against Foster

Ratings: (0)|Views: 21|Likes:
Published by valtec
Defective service of process
Defective service of process

More info:

Categories:Types, Research
Published by: valtec on Oct 12, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

05/17/2015

pdf

text

original

 
 ATTORNEY GENERAL CUOMO ANNOUNCES ARREST OF LONG ISLAND BUSINESS ATTORNEY GENERAL CUOMO ANNOUNCES ARREST OF LONG ISLAND BUSINESS ATTORNEY GENERAL CUOMO ANNOUNCES ARREST OF LONG ISLAND BUSINESS ATTORNEY GENERAL CUOMO ANNOUNCES ARREST OF LONG ISLAND BUSINESSOWNER FOR DENYING THOUSANDS OF NEW YORKERS THEIR DAY IN COURTOWNER FOR DENYING THOUSANDS OF NEW YORKERS THEIR DAY IN COURTOWNER FOR DENYING THOUSANDS OF NEW YORKERS THEIR DAY IN COURTOWNER FOR DENYING THOUSANDS OF NEW YORKERS THEIR DAY IN COURT
 American Legal Process Provided "Sewer Service" to ousands of New Yorkers Owing Deb American Legal Process Provided "Sewer Service" to ousands of New Yorkers Owing Deb American Legal Process Provided "Sewer Service" to ousands of New Yorkers Owing Deb American Legal Process Provided "Sewer Service" to ousands of New Yorkers Owing Debt According tot According tot According tot According toCriminal Complaint and Civil Suit; Failed to Properly Notify the Individuals at ey Criminal Complaint and Civil Suit; Failed to Properly Notify the Individuals at ey Criminal Complaint and Civil Suit; Failed to Properly Notify the Individuals at ey Criminal Complaint and Civil Suit; Failed to Properly Notify the Individuals at ey Faced Faced Faced Faced Lawsuits Lawsuits Lawsuits Lawsuits  As a Result, Individuals Would Unknowingly Default and Have Judgments Entered Agains  As a Result, Individuals Would Unknowingly Default and Have Judgments Entered Agains  As a Result, Individuals Would Unknowingly Default and Have Judgments Entered Agains  As a Result, Individuals Would Unknowingly Default and Have Judgments Entered Against emt emt emt emWithout the Chance to Defend emselves Without the Chance to Defend emselves Without the Chance to Defend emselves Without the Chance to Defend emselves 
[En español]LONG ISLAND, NY (April 14, 2009) - Attorney General Andrew M. Cuomo today announced criminal chargesagainst Long Island-based American Legal Process (“ALP”) and its CEO and President William Singler for afraudulent business scheme in which the company allegedly failed to provide proper legal notification tothousands of New Yorkers facing debt-related lawsuits, causing them unknowingly to default and have costly judgments entered against them without the chance to respond or defend themselves. According to the court papers filed today, ALP, as a legal process server, was hired by high-volume debtcollection law firms in New York to serve legal papers, usually a summons and complaint, notifying individualsthat they are being sued and must answer the complaint. ALP, however, allegedly engaged in “sewerservice,” where process servers take advantage of individuals facing lawsuits by failing to properly alert themand denying them the chance to respond. As a result, thousands of judgments were allegedly obtainedagainst unsuspecting New Yorkers, many of whom first learned they were being sued when they found theirbank accounts frozen or their wages garnished. ALP allegedly covered up the fraud by falsifying swornaffidavits of service in courts across New York. The Attorney General’s Office also filed a parallel civil suitagainst ALP and Singler seeking a court order prohibiting them from engaging in improper service of process,monetary damages and substantial penalties.In addition, Cuomo announced his intent to sue one of ALP’s largest customers, the law firm of Forster & Garbus, for violations of New York State’s consumer protection laws. According to Cuomo, Forster & Garbusused ALP to serve over 28,000 summons and complaints across the state, but failed to supervise the companyand relied on legal papers from ALP that it knew or should have known were false. “The laws of this state are supposed to ensure that each and every New Yorker has their day in court,” said Attorney General Cuomo. “If proven to be true, the schemes detailed in the cases filed today undermined thelegal rights of thousands of citizens by corrupting our legal system and abusing individuals who happened tohave consumer debts."With respect to the notice sent to the law firm of Forster & Garbus, the Attorney General said: "I am puttingall law firms on notice that they are responsible for the conduct of the companies they use to servecomplaints and other legal documents. Law firms cannot turn a blind-eye to abuses perpetrated on theirbehalf.” Legal process servers are hired by law firms to serve legal papers, usually a summons and complaint, whichnotify individuals that they are being sued. New York law explicitly states how summons must be served uponindividuals facing legal action. A process server can deliver the summons directly to the person being sued;can deliver the summons to a substitute person of suitable age and discretion at the place of business or thehome of the person being sued and then mail the summons; or, should the first two options be exhaustedafter several attempts, can nail and mail, meaning the summons is posted on the door of the home orworkplace of the person being sued and the summons is mailed to them. According to the court papers filed today, between January 2007 and October 2008, ALP claimed to haveserved 98,000 summons and complaints throughout New York State to New Yorkers alleged to owe debt. Themajority of these were done through “nail and mail,” the method of service that is easiest to abuse. The Attorney General’s investigation revealed that thousands of legal documents were not properly served, orserved at all, to the individuals they were intended for.Furthermore, ALP allegedly attempted to cover up its unlawful business practices by falsifying documents,submitted to courts across the state, swearing that proper legal notification had been duly served upon theseindividuals. According to the criminal and civil complaints filed today, ALP’s conduct included:Instances in which ALP process servers claim to have made process serving attempts in more than oneplace at the exact same time. In one particular case, a process server claimed to have been at fourdifferent addresses at precisely the same moment;Instance in which an ALP process server claimed to have made process serving attempts that wouldhave required him to drive more than 10,000 miles in a single day;Instances in which ALP process servers claim to have made process serving attempts before they hadactually received the summons and complaint from ALP; andInstances in which ALP process servers claim to have made process serving attempts before the
THE NEW YORK STATE ATTORNEY GENERAL ANDREW M. CUO...http://www.ag.ny.gov/media_center/2009/apr/apr14a_09.html1 of 210/3/2010 8:41 PM

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->