Let us discuss this hypothetically(wink). Let us say you have a scumbag CA that does old bad debts. Let us say the scumbag CA has an attorney who constantly sues people in civil court or small claims on debts that are well past the SOL. Let us then say that every single case was a default as it has been years and people moved and all judgements were default. What could the average joe do to stop this? Can we write the judges involved? Should we? Can we get into trouble? Can we file a complaint against the attorney with some agency? Let us say that although we have nothing to do with it we are raged by the injustice. What can we do?
No one should ever be tried convicted and sentenced with out ever having gotten to speak in his own defense.
iN THIS CASE YOU WOULDN'T HAVE TO DO ANYTHING SINCE ONE OF TWO SCENARIOS WOULD HAPPEN: 1: The scumbag attorney is unable to loacte the debtors and unable to serve them with process. Highly unlikely the Court would allow Service by Publication in this case since there is neither real estate nor custody/marital relations involved. Scumbag attorney cannot file Affidavit of Service with the Clerk of the Court, and cannot get a Default Judgement. 2: Scumbag attorney finds Scumbag Process Server who "serves" summonses by sewer service and files purjured ffidavit of Service and Scumbag atorney gets default judgement. Affidavit of Service has to ave a description of the person served, highly unlikely Scumbag Process Server will get all the questions right, so debtors can get Default Judgement dscarded with Motion to Vacate Due to Faulty Service of process. In this case the Court will take an active role in punishing the Scumbag Process Server for multiple acts of Perjury.
In a perfect world the case would have to be dismissed but not here in Ohio. If nobody signed the certified letter then they send it out regular mail. IF nobody then shows up the CA gets a default judgement. The consumer has no clue they were served or sued as they no longer live at that address. I do not know how it happens but it does.
I do not know how it happens but it does. picantel ----------------------- ~~~~~~~ It happens simply because there is such a thing as a default judgment. Do away with them and it won't happen. The END ************************* LB 59
