At the 3rd small claims hearing, when defendant finally did show, defendant requested a remove default and was granted one. Defendant claimed never received first 2 notices. If defendant did not receive first 2 notices to appear, why wasn't court's mail returned as undeliverable? This is the same address where the deputy eventually served him.
Why doesn't court send out notices via certified mail?
So now we receive a Notice to Show Cause and have to go to small claims yet again!
Why do the plaintiffs always have to appear?
Can he still ask for and get another trial or have we won at this point?
Also on instructions to creditor, it sounds like WE have to serve him again.
"Unless a magistrate or judge permits a different method of service, you must arrange for this notice to be served on the judgment debtor by a municipal constable or a county deputy sheriff."
Why doesn't the court do this?
Should we ask the magistrate/judge to allow a less costly alternative?
Bottom check box says we can certify that we:
1-personally gave him a copy (not likely in our case)
2-left a copy at his home with suitably aged person (not likely in our case)
3-unable to serve because_________? (are there any valid reasons?)
Can we send a certified letter rather than pay a deputy again?

We are just getting in deeper and deeper as far as putting money out and never seeing any return. Any help or ideas are most appreciated.

why wasn't court's mail returned as undeliverable?
Ask the post office.


... Why doesn't court send out notices via certified mail?
It doesn't? Good question.


Why do the plaintiffs always have to appear?
14th Amendment's right to due process of law, for one thing.


Can he still ask for and get another trial or have we won at this point?
After default has been set aside? It should be scheduled for trial.


Also on instructions to creditor, it sounds like WE have to serve him again.
"Unless a magistrate or judge permits a different method of service, you must arrange for this notice to be served on the judgment debtor by a municipal constable or a county deputy sheriff."
I doubt that you do. Maybe you should ask the clerk of court. Tell them you are confused about that.


Why doesn't the court do this?
Who is going to pay the court for this expense? If you haven't noticed, states, cities, and counties can no longer make ends meet.


Should we ask the magistrate/judge to allow a less costly alternative?
If you are indeed required to serve him again. I doubt that. But if so, it wouldn't hurt to ask. Depends on the rules of court whether that would be allowed.