Monday, January 17, 2011

Law Offices of Robert E. Brown, P.C. prevails against Samserv process server

By:   Nicholas M. Moccia, Esq.
        Law Offices of Robert E. Brown, P.C.

In a consumer credit action, Nicholas M. Moccia, Esq., of counsel for the Law Offices of Robert E. Brown, P.C., prevailed against Samserv process server, Michael Mosquera, during a traverse hearing in the Supreme Court, Kings County.  The judicial hearing officer in attendance found that service of process had not been properly effectuated in an action brought by Plaintiff Household Finance Corporation III.  

Of particular note was an apparently false affidavit of service documenting an attempt at service on an unidentified female whose physical description was inconsistent with that of any member of the Defendant's household.  Specifically, the affidavit of service indicated that a female 14-20 years old with brown hair was served at the Defendant's household at 8:40 a.m. on Saturday morning.  The Defendant resides with his 40 year old wife who has black hair, his 8 year old son and 5 year old daughter.  The Samserv process server admitted to having his license revoked by the Department of Consumer Affairs and was unable to demonstrated that he was licensed, as required, at the time he purportedly  served the Defendant.    Interestingly, Samserv and Michael Mosquera are named defendants in a federal class action RICO suit wherein it is alleged that they engaged in unfair debt collection practices and "sewer service" at the expense of thousands of unwitting consumers.  See Sykes v. Mel Harris and Associates, 09 Civ. 8486; see also previous post with NYLJ article dated January 4, 2011, regarding the same.

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