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Proof of service
Irecieved a copy of a "request for Entry of Default" mailed on 8/25/2010. The original complaint was filed on 5/20/2010. I looked up the case number, there is a proof of service filed with the court on 7/16/2010. The person they say was served in substitute does not fit the description at all and told me no one came to give me anything at all. The first I have known of any of this was the letter dated 8/25/2010. Am already out of time because I did not respond within 30 days of the proof of service?
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I don't know what you mean by the person they say was sub served does not fit the description at all. They have a name of a sub service person but the wrong description? At any rate - go to Court, ask to see the file, file to set the case aside for failure to properly serve. Of course, you will probably then be served in the Courtroom. What is your defense to the debt? |
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You can make a motion to allow additional time to reply or to dismiss the case for improper service. It will be your duty to prove you were not properly served. Or if someone at the other persons location received it for you. For example, If I went to your fathers home, and assumed the person who received it was your father, but it was your uncle, then it may be one name, but anothers description. So it may be a lazy process server or a mix up at the address as to who took it. |
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Where and what Court? Small Claims? Superior? Honestly, I don't know why this matters. Go to Court, get your documentation - if it is improper service and you JUST learned about it, use that argument to set it aside. Please don't keep asking questions without giving the info requested. It is requested for a purpose. And - by the way - I own/operate a process service company. |
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