Wait A Minute!!!!!! This Is A Fraud!

[mr.yet]

Originally Posted by cute_chick

Actually that's not new Master Duke and in NY it's called a "Summary Judgement In Lieu of a Complaint." All that means is that the attorney files a summary judgement motion with the courthouse but, if I'm not mistaken, some type of notice must be served on the alleged debtor to allow him/her an opportunity to be heard.

However, in this situation, the debt attorney served a summons and a complaint without first going to the courthouse and filing the papers. The Court Clerk said he can't do that.

Three words for your complaint "rush to Judgement", meaning denial of due process.

So I did some research this weekend and it appears that there is a rule allowing an attorney to serve papers before filing the lawsuit here in New York. It's called the Uniform Civil Court Act (UCCA) and it applies to New York City and other cities throughout the state. UCCA supercedes the NY Civil Practice Laws and Rules and, if the attorney chooses to serve you first, the case is commenced at the time you are served.

Thing is - I'm not sure if the UCCA applies to my county or not (the rules doesn't say) and my county clerk says that serving before filing is wrong.