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Affidavits of service/court

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Just a tidbit of info! DH and I have had now, 4 defending lawsuits that should have been dismissed for Improper service (one that was illegal).

Because I did not do my homework, I am not able to have them dismissed. We appeared on our scheduled court dates, but the plaintiff's atty's either; 1. Don't appear and get another 30 days to file, OR,

2. Sidetrack the defendant, reschedule case so they don't appear before the judge, and knowing there is no return of service, stall the case, hoping the defendant will be a No Show on the next court date and get their judgement. Otherwise they will have to start all over again once dismissed.

We have received three default judgements against us on these cases, but now hope to have them dismissed or IIB once/if our BK is discharged.

I could/should have tried to at least stall the cases so we wouldn't have to cough up 300. to our atty to have them taken off our CR.

I did show up in court today on a continuance for arbit. award against me. The judge didn't grant the plaintiff a judgement because of no return of service, and continued the case because I mentioned filing the BK.

I guess, one out of four ain't bad, huh?

PLEASE! If you receive a summons, check with your state on the rules of service and go to county records and get a copy of the affidavit!

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