This is in follow up to my post of 12/30. (I didn't know how to link it up with this post so if someone can tell me how, it would be appreciated). Anyway, I went to answer the default judgment and found out that they lied about how I was served. The attorneys said that I was served in person on 9/6 at 6:54 p.m. The description was so broad, there is no way it could be me. It said that my hair is black when it is dark brown with gray in the temples, it said that I am between 5'4 and 5'8 when I'm 5'2.5 (I've been this height since I was 11 years old) and it also said that I weigh between 131-160 lbs when I'm 178 lbs (I've been that weight for 5 years). It didn't describe my eyes at all or any other features like beauty marks on my face, I wear glasses, etc. I was I was home at the time stated because it was the day before my children had to return to school so I was getting them ready. I was so surprised to read it that I didn't even think to file a countersuit. My questions are: 1. Can I file a countersuit because of the lies told? 2. What section was violated? 3. Can they serve anyone in my stead? Or am I the only one that can be served? I assume that minors cannot be served and none of my children would fit that description so I don't know who the process server served but it wasn't me or anyone in my household. I was told by the county clerk's office that if the judge grants my request to vacate the judgment and restore to the calendar that I could pick up the paperwork on Monday afternoon (1/9). Can I file a countersuit then since I didn't do it then or should I do my own lawsuit against the CA at that time? Thanks in advance for any help!
You could file a complaint against the process server with the presiding judge. This is not necessarily the one handling your case, but the one who is in administrative charge of your local court system. Was this a service by a sheriff deputy, or by a private service firm? You might talk to someone in the DA's office. "Sewer service" is also fraud.
It boggles the mind in this day, why you wouldn't take a picture...even a cellphonecam picture of the service, just to prove it. But sewer service is the collection atty's best freind these days. The court's just haven't wised up to how rampent it is.
It's always easier when the other side never shows. I presume you heard of this case: http://www.detnews.com/2005/metro/0507/26/B01-259141.htm http://thenewsherald.com/stories/080305/loc_20050803003.shtml http://www.detnews.com/2005/metro/0509/28/B01-330039.htm
It was a private process server. Should I file before my court date (2/1/06) or should I file when I go to court? Is there any way for me to find out if this has been done to others so I can make my case stronger?
How much money is involved? You may want to get an attorney. Process servers, and the attorneys who hire them, have a duty to the court to properly serve the correct party, and truthfully state that they have done so. It is my view that you should report such incidents promptly, as soon as you find out, regardless of what you decide to do in answering the suit, or how long that will take to occur. It is your public duty, separate from the issue of whether it damages you, to report it. If you were erroneously served someone else's summons, not meant for you and withour your name on it, you should report it also. You might talk to your local DA.
It's about $6000. Since I work part-time and attend school full-time, hiring an attorney is not an option for me. How much could I sue for and would the burden of proof fall on me or the process server to prove that I was served. I know that I was not served because I was home preparing my children for school the next day. If I was served, I definitely would have shown up in court so that's how I know they are lying. My court date is next week so I will inform the CA's attorneys that I'm suing their process server. Under what charge do I sue? Would anybody know?
The process server's description appears to be of an approximately average height, average weight, non-descript female. If you were a process server, attempting to pass this off as legitimate service, you would likely choose the middle. Since you are both shorter, and heavier, you would appear noticeably "wide" (5'2", 178 lbs., nothing personal, just trying to be objective). Whether or not you sue the process server, or attempt to vacate the judgement, you have a duty to notify the courts of the false claim of service. If you don't, the process server's attorney, or the CA's attorney, will question the veracity of your claim. Contact your DA. You may not have a choice on hiring an attorney. In particular, it may be cheaper than paying a debt you did not originally owe. Your suit of the process server is not a substitute for dealing with the default judgement, although it might be a way to reclaim some of your legal costs resulting from that act, should you get the judgement vacated. (I am not an attorney. For $6000, you need to see one.)
I agree with ontrack. Most attorneys will give you a free consultation, at least. If they decide to take the case maybe they'll take it on contingency, which means they take part of the settlement you get. And there are often free legal services if you don't have the money. If you're going to a university that has a law school, contact a professor there. Perhaps they can recommend someone.
