Why would a process server commit perjury and falsify the date of service by a week?
Apparently you have 120 days in NY to serve the summons and complaint. The summons was issued on 6/9/09. The affidavit of service states that the suit was filed on 6/24/09. Most likely, process server Mark McCumber noticed the 6/9/09 date of the SUMMONS and COMPLAINT because the FILING date was not on the complaint he served. Service over 120 days from 6/9 would make the ACTUAL service date of 10/10/09 too late — if the complaint was FILED on 6/9/09. The defendant could move for dismissal and Citi would have to refile. Since just about NO consumers examine the affidavit of service, the risk of discovery of a false service date is extremely small. MOST suits for delinquent debts result in DEFAULT judgments. And that ALSO explains why he apparently did NOT mail the summons and complaint at all. In the Affidavit of Service process server McCumber claimed to have mailed them on 12/7/09. Had he mailed them later, the postmark would document his false statement and I presume he chose to not
