Process Server Charged With Filing False Affidavits Attesting To The Service Of Legal Papers On Defendants In Lawsuits

From the office of the New York Attorney General:

• Attorney General Andrew M. Cuomo [this week] announced the arrest of an Erie County woman who allegedly filed false affidavits of service of legal papers with the Cattaraugus County Clerk, causing default judgments to be entered against unsuspecting individuals. The Attorney General’s Office alleges she claimed to serve papers on individuals when she had not, leaving those individuals with no notice of pending court actions against them. This led to default judgments that could include wage garnishment, the seizure of bank accounts and other assets or negative impact on credit ratings. “These victims had no idea that a court action had been brought against them, and because of that, were unable to defend themselves,” said Attorney General Cuomo.

***

• Annette Forte, 34, of Broadway in Alden was charged today in Little Valley Town Court in Cattaraugus County with two counts of Offering a False Instrument for Filing in the First Degree (class E felony) and one count of Scheme to Defraud in the Second Degree (a class A misdemeanor). The maximum sentence for Offering a False Instrument for Filing in the First Degree is 4 years in prison.

For more, see Erie County Process Server Accused Of Defrauding Court System Through False Affidavits (False filings of court documents led to punishment of innocent individuals).

Go here for other posts on alleged fraud in the serving of court papers.

Go here for other posts on process server screw ups. ScrewUpProcessServing SewerServiceAlpha