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Quick question about paperwork...

post #1 of 2
Thread Starter 
Are Writs of Habeus Corpus different in that they don't need to have a court stamp on them? Does anyone know? FWIW, I'm in NY State.

I don't think they are.

I'm asking because I was served with a Writ very late last night, but I doubt its authenticity. It has no court stamp on it - you know the stamp that says filed on this day at this time. I'm pretty sure he served me with bogus paperwork.
post #2 of 2
There might be some valid reason that your copy isn't file stamped -- eg if the writ was signed in chambers on an emergency basis. Or a simple screw up in the clerk's office.

Does it look something like this? (standard form of a family court habeas writ pulled from the NY courts website). I'd call the clerk's office with the case number and ask if a writ has issued.

It would be nuts for someone to serve a bogus writ. Forging a judge's signature generally isn't going to garner any sympathy from the legal system. And is probably a criminal offense.
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