[Rosie S]

If you owe for a credit card and a default judgement was placed against you and you found out that the service was illegal because it was give to someone who did not reside in your home, and you were not personally served, can you have the default judgement vacated if you were denied employmemt as a result of this illlegal judgement appearing on your record which was filed in March 2006? Can I sue them?

I'm currently receiving SSI but I want to go to work. What can I do to rectify this situation? If I do get a job before the 7 year statute of limitations run out, they may try to sue me via employment garnishment... and then I'm screwed. How can I remedy this situation?

[Fr_Chuck]

So why in 6 years did you never challenge it before ?

It is not a illegal judgement, it is a valid one, unless you get it over turned.

Next who was this person who was served, was he at your home, how did he get it, from your home.

[Rosie S]

I just recently found out about the default judgement a few weeks ago when I was denied employemt as a result of this judgement being on my consumer report.

I found out via Superior Court Clerk in the county it was filed in that it was given to someone who did not reside at the address it was delivered to by a process service company. She gave a description of someone that I do not know and I never received the summons and complaint.

[Rosie S]

I just recently found out about the default judgement a few weeks ago when I was denied employemt as a result of this judgement being on my consumer report.

I found out via Superior Court Clerk in the county it was filed in that it was given to someone who did not reside at the address it was delivered to by a process service company. She gave a description of someone that I do not know and I never received the summons and complaint.

How is this legal? According to Washington Court rules, the Summons and Complaint must be served on someone at the residence of suitable age and has the authority to sign for it.

[Fr_Chuck]

Did not say it was legal service, the judgement is not "illegal" it is still a valid judgement and they may act on it, until you get it over turned.

Once get it over turned ( if you do) it is still not illegal, it is just invalid.

1. what was the address it was delivered to ? Was it your address ? If this was your address, how are you going to prove that this person was not there and someone you knew?

[Rosie S]

Is it legal for process servers to give a court order to anyone? Can they make up fictitious people just to say that they served the document? When I was residing at the address that they "claimed" to have served the document, myself, children, and another relative were on the lease at that residence. On the day and time in question, I was probably in school, relative at work, children in school as well, so your quess as to how I'm going to prove that this person was not there is a question I'm hoping you can help me find the answers to.

How do I get this judgement over turned, and what documents do I file to do to take this action? If I can prove that the process in which I was/or was not served, can I sue the law firm that filed the judgement?

[JudyKayTee]

How is this legal? According to Washington Court rules, the Summons and Complaint must be served on someone at the residence of suitable age and has the authority to sign for it.

I own a process service company. I say, "I have papers for X. Can I leave them with you?" The other person either says yes or no. I then either ask for their name or don't ask for their name.

It's called sub service (substitute service) and it happens all the time. If your gardener is willing to take the papers it's not my problem - I have no way of knowing if he is or isn't "authorized."

Very few people cover "you are authorized to accept (or not accept) papers in my name" with other people.

Go to Court and prove it was bad service. My experience? You're going to lose.

Please post the LAW as you read it - I am reading that sub service is allowed, as is nail and mail. I see nothing about personal service.

So you would have us believe that the Court system also plotted against you and did not mail any papers to you - at all?

[JudyKayTee]

Is it legal for process servers to give a court order to anyone? Can they make up ficticious people just to say that they served the document? When I was residing at the address that they "claimed" to have served the document, myself, children, and another relative were on the lease at that residence. On the day and time in question, I was probably in school, relative at work, children in school as well, so your quess as to how I'm going to prove that this person was not there is a question I'm hoping you can help me find the answers to.

How do I get this judgement over turned, and what documents do I file to do to take this action? If I can prove that the process in which I was/or was not served, can I sue the law firm that filed the judgement?

"Probably" is the magic word here. You can't overturn the Judgment based on "probably." You need to prove that the person allegedly served was either not a "real person," was below the legal age - or the entire service was faked. Get a copy of the Affidavit of Service and see who was allegedly served.

I own a process service company, have for 20 years. I have NEVER lost an argument about whether service was legal.

"Probably" isn't going to work.

No, you can't "sue" the law firm. You can attempt to sue the process server. You will also have to sue the Court that had a responsibility to mail you a copy of the paperwork (by Washington law, as I read it).

[ScottGem]

As Judy said your chances of vacating the judgment after 6 years are very slim. Your chances of proving that service was faked (which is the only thing that would justify a suit against either the process server or the law firm) is even slimmer.

In the unlikley event you did get the judgment vacated, then you are properly served before you leave the court. Unless you can defend against the suit, then a valid judgement will eventually be awarded and you are back in the same place.

[Rosie S]

Scott, thanks for your words of wisdom you shared some very helpful insight about the subject at hand.

Again, thanks.

[JudyKayTee]

I will add that false service helps no one - not the process server who eventually has to appear in Court and defend the service, not the Plaintiff who can get it set aside if it's faulty, not the Defendant who has to spend time to get it set aside if it's faulty.

One or two "false" services and the Plaintiff will be finding a new process server.

I am also reading that substitute service is followed up by mailing.

[AK lawyer]

I own a process service company. I say, "I have papers for X. Can I leave them with you?" The other person either says yes or no. I then either ask for their name or don't ask for their name.

It's called sub service (substitute service) and it happens all the time. If your gardener is willing to take the papers it's not my problem - I have no way of knowing if he is or isn't "authorized."

I don't know about New York, but in Washington state what you call "substitute service" would be ineffective. What OP paraphrased is roughly from the Federal Rules of Civil Procedure, adapted by many states including Washington. It allows service upon the defendant at the defendant's residence by leaving the process "with a person of suitable age and discretion residing therein".

A gardener or other person encountered there cannot "accept service" and thus make the service valid. It's either valid or not according to the rules.

...
Please post the LAW as you read it - I am reading that sub service is allowed, as is nail and mail. I see nothing about personal service.
...

As I recall, Washington doesn't allow so-called "nail-and-mail" service. I will double-check.

[ScottGem]

Lets look at this from a more practical viewpoint. Service occurred 6 years ago. Proving that service was improper at this point is iffy at best. Proving that it was deliberately falsified would be even harder.

[AK lawyer]

RULE 4
…
(d) Service.
(1) Of Summons and Complaint. The summons and complaint shall be served together.
(2) Personal in State. Personal service of summons and other process shall be as provided in RCW 4.28.080-.090, 23B.05.040, 23B.15.100, 46.64.040, and 48.05.200 and .210, and other statutes which provide for personal service.
...

“RCW 4.28.080
Summons, how served.

Service made in the modes provided in this section is personal service. The summons shall be served by delivering a copy thereof, as follows:
...
(15) In all other cases, to the defendant personally, or by leaving a copy of the summons at the house of his or her usual abode with some person of suitable age and discretion then resident therein.

(16) In lieu of service under subsection (15) of this section, where the person cannot with reasonable diligence be served as described, the summons may be served as provided in this subsection, and shall be deemed complete on the tenth day after the required mailing: By leaving a copy at his or her usual mailing address with a person of suitable age and discretion who is a resident, proprietor, or agent thereof, and by thereafter mailing a copy by first-class mail, postage prepaid, to the person to be served at his or her usual mailing address. For the purposes of this subsection, "usual mailing address" does not include a United States postal service post office box or the person's place of employment.”
Service made in the modes provided in this section is personal service. The summons shall be served by delivering a copy thereof, as follows:
....”

I don't know about New York, but in Washington state what you call "substitute service" would be ineffective. ....

I correct myself. This would be subsection (16). If it's the mailing address of the defendant, it can be left with a "resident, proprietor, or agent".

Subsection 16 is similar to "nail-and-mail", but not the same. Instead of "nailing", it requires that the process be left with an actual person.

[JudyKayTee]

And it's followed up by mailing?

OP states she received no notice.

And as a process server I ask if the person can accept service. In Washington that may involve asking whether the person resides there. I don't check ID. I doubt servers in Washington check ID's.

You say yes and I hand you the papers.

OP claims no notice ever. I find that hard to believe.

I believe the "agent" language is the hook. If I'm working at your house and agree to accept the papers, am I your agent? Apparently the Court thought so.

[AK lawyer]

And it's followed up by mailing?

OP states she received no notice.

...OP claims no notice ever. I find that hard to believe.
...

It says to follow up with first-class mail. In other words, proof that the mail actually got to the defendant is not necessary. But the problem in this case is that service was at OP's residence. If the person doesn't also reside there, under subsection (15), service would not be good.

... I believe the "agent" language is the hook. If I'm working at your house and agree to accept the papers, am I your agent? Apparently the Court thought so.

If it's the defendant's house (i.e.: residence) the agent language is unnecessary, under Subsection (15). See my discussion above.

Subsection (16) is for when service is made at a place other than a residence, such as the defendant's place of business. In that case, an agent might be the person at the front desk (secretary, at an office, sales clerk at a retail store, etc.).