cjtx2

Members
  • Content Count

    64
  • Joined

  • Last visited

Community Reputation

0 Neutral

About cjtx2

  • Rank
    CIC Member

Profile Fields

  • Location
    TX

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Nowadays you have to digitally submit everything to the court (including JP courts). At the time you submit your document(s), there is an option to e-serve, where the system sends an email to the attorney with a link to the document that was filed with the court. The court clerk then either accepts your pleading or tells you something is wrong or missing and you need to make the changes and re-submit, serve again. Most attorneys have their email addresses registered with the e-filing system and once you submit a response or anything, your email address is also registered with the system (for that case) so you can get e-served, just like attorneys do. The higher you go in the court system, the clerks get more picky about your document(s). It has to be a PDF, but sometimes they will ask you for a searchable file, and if there are any exhibits attached, the file must have (at a minimum) bookmarks to those exhibits.
  2. Things have changed. Now you can serve everything but the original citation by email or e-serve it. Also in your signature, besides your name, pro-se, address and phone number, you must include your email address. Fax number is optional unless you are an attorney. One last thing, you can include an electronic signature. All you need to do is include: /s/ your name on the line where your signature would go.
  3. The last part of your MTC is a Certificate of Service, where you state the manner and the date in which you served a true and correct copy of the MTC to the opposing party's attorney. You may state an email, if you are sending a separate email, or within the efile system you can enter the attorney's name and email information and e-serve them. Which basically sends them an email telling them about the document and provides a link to download it. Either way, you must specify in your certificate of service whether you sent an email or e-served them.
  4. Personally, it happened to me. A process server signed an affidavit stating that she personally served me at my residence. The only problem is that I did not even live in that city at the time so it was not my residence. As a matter of fact, I had moved several times since I had lived at that 20 year old address. I proved sewer service and had the judgment vacated as part of the settlement. I cannot discuss the details because of a NDA, but the default judgment came from a sleazy debt collector attorney working on a contingency basis for a big bank and he used a private process server.
  5. Your use of mistakenly excuses bad behavior and shows why it is difficult to prosecute fraudster process servers. A typical process server gets a 10+ year old address from a JDB and without knowing if the person still lives there, which statistically is unlikely, they sign an affidavit falsely stating to that effect: that they know for a fact that defendant lives there. That is as deliberate and deceptive as it gets. Sewer-service also means that the papers ended up in the sewer after they could not find the person they were looking for. Bills of Review are the only remedy when you discover after the fact that there is a default judgment against you and it is too late to appeal. The only way to prevail is by proving extrinsic fraud, of which the most common form is sewer service. All you have to do is look for original causes of action labeled "Bill of Review". I prevailed in one of those and had the judgment vacated because the process server signed a bogus affidavit stating she personally served me at a 20 year old address in a different city which I had not even visited in years. So it does happen. It is under-reported and most process servers get away with proven fraud after you prevail in a Bill of Review.
  6. Maybe you missed this from the first link:
  7. My guess it happens much more often than it is reported. It probably has to do with the quality and quantity of outdated information they get from JDBs, and instead of skip tracing each individual, they serve whoever lives at the address they were given. It may also have to do with their reputation with certain judges if they were caught lying before, maybe they will try to comply better. But if they know the courtroom is a rubber stamp factory for default judgments, the likelihood of getting caught and getting in trouble is minimal. There are many ways for process servers to claim there was a misunderstanding. For example, they knock at the door and ask: "Are you John Doe"? and before you have a chance to respond, they drop the papers and say "you've been served". Somehow they heard (or imagined) you said yes or nodded, etc. Otherwise, if they wait for you to say "no, I'm Jack Smith", they quickly say, "Ok, give it to John Doe, he is being served". and leave before you can say I don't know any John Doe, he does not live here or anywhere I know. So it would be hard to prove intent or bad faith as opposed to human error or miscommunication. The NY attorney general found a pattern for some companies of process servers that falsified affidavits on a regular basis.
  8. Sewer service is common everywhere. I found several articles from California, the NY attorney general, etc. Here is a link from a Texas attorney: https://www.westonlegal.com/debt-lawsuits/service-of-process-in-texas/ The law contemplates fraudulent service when it comes to extrinsic fraud in Bills of Review to fight default judgments. http://www.jtexconsumerlaw.com/V10N3/V10N3Equitable.pdf Nobody is actively monitoring process servers to ensure compliance with their code of ethics. The only remedy is to sue them and not enough people go after them (myself included).
  9. So if there was a court order and service was performed according to it, then service is legal.
  10. Your statement is inaccurate. Statistically, most debt collection cases are won by default judgment. Just look at any court's docket. Usually, the affidavit alleging personal service is not controverted because the debtor is ashamed, thinks there is no defense or is just too scared to go to court. Do you really think all default judgments happen after personal service as stated in the affidavits presented to the courts? It is much easier to lie about personal service because the chances of getting caught are extremely low. It's the cost of doing business and for them the rule is basically meaningless.
  11. The court may assume you waived your right to arbitration if you wait until trial day to try to compel arbitration. However, it is possible that after you request discovery and you get a copy of the agreement and you realize you have a right to compel arbitration, so the court must allow it (there is no discretion) or face a reversible error.
  12. If there was no discretion, the rule would say "the court must authorize service".
  13. 1) The court may or may not authorize alternative service. There is no abuse of discretion for denying it. 2) The authorization is not retroactive. So if the process server comes and claims he taped a summons to the door, published it on a newspaper, or conducted any other form of alternative service, without the court's prior approval, the service is defective and the court does not have the power to authorize it retroactively. 3) You are aware that alternative service is very uncommon. Most process servers lie about personal service in order to avoid risking a denial of alternative service that would guarantee a dismissal for lack of service.
  14. The application process is not difficult, but just because they ask for it does not guarantee it will be approved. The judge has discretion and he is in no way obligated to grant alternative service on the word of a shady process server. As you mentioned, rather than risk a denial on the record that would guarantee a dismissal for want of service, they rather lie about personal service.
  15. An affidavit by the process server... that must state what he tried, address, date, time, etc. If it were as easy as you imply, everybody would apply for alternative service and avoid real legwork.