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Dear God Not Again! (Another summons!)


ppp
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Ok, this one is also for around 2 grand, a ridiculous amount of course. This one was left in my door. If they don't serve it in person, is it less real? I presume I should reply the same way I replied to the last one... specific denial and demand that they produce proof, reserving the right to countersue?

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Read up on the laws in your state. That will tell you whether or not

throwing it on your door step is considered proper service.

Or call the court house and check to see if anything has been filed.

Unless you can do that online.

Z

I can do it on the phone or online. The summons says right on it that if it wasn't hand-delivered it needs to come certified mail. But it's signed and stamped by the rent-a-process-server, so I'm sure the scumbag is going to claim he delivered it!

So should I wait a couple days and see if one comes certified mail?

Now here's another hypothetical - can you just dodge the certified mail? I mean, if you never sign for it... *sigh* I guess that doesn't REALLY work, now does it?

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A "real" summons cannot just be left at your doorstep. An actual Marshal has to come to your door OR at the very least Certified Mail....

NOT TRUE..I know in NY they can leave it at your last known address.. its known as sewer service.. here in NC you don't have to sign for it and the sheriff leaves a note on your door but no Marshall.. we don't even use marshalls for that here......it depends on the state but mass maybe the same way since they are not the most consumer friendly state

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I can do it on the phone or online. The summons says right on it that if it wasn't hand-delivered it needs to come certified mail. But it's signed and stamped by the rent-a-process-server, so I'm sure the scumbag is going to claim he delivered it!

So should I wait a couple days and see if one comes certified mail?

Now here's another hypothetical - can you just dodge the certified mail? I mean, if you never sign for it... *sigh* I guess that doesn't REALLY work, now does it?

You can dodge certfied mail.. you are NOT required to sign for it.. but you can bet that process server is going to claim he served you by filling out an

Affidavit stating he did serve you... then its your word against his.. and yes for some things avoiding certfied can work in fact I read that on Budd Hibbs

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Original post by: ppp

I presume I should reply the same way I replied to the last one... specific denial and demand that they produce proof, reserving the right to countersue?

This should be your gaime plan. Hiding up in your tree house until the SOL runs out would be a lot harder. I know how you feel. I had 3 active lawsuits against me at one time. 2 are now dismissed and the 3rd is soon to fall. Just smile at the server and start filling out your Answer and Counterclaims.

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Here is wisdom! CHECK...CHECK....CHECK your local Court rules for service of process. Why you ask? Well, if you can show the court that service was not proper according to the rules of court in your state, you may very well have a material defect, and you could then move the court for a motion to dismiss for want of proper service. BUT this is ONLY applicable IF your particular state does not allow a summons and complaint to be left at your doorstep. If your in doubt, Check it out!

FM

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Here is wisdom! CHECK...CHECK....CHECK your local Court rules for service of process. Why you ask? Well, if you can show the court that service was not proper according to the rules of court in your state, you may very well have a material defect, and you could then move the court for a motion to dismiss for want of proper service. BUT this is ONLY applicable IF your particular state does not allow a summons and complaint to be left at your doorstep. If your in doubt, Check it out!

FM

while thats NICE in theory and yes you should always check, its pretty tough to prove if a process server signs and affidavit stating they served you. It's your word against theirs and the bottom line is, served properly or not you still have a Summons to deal with... in fact I had my best friend two years ago was not "served" properly.. when she went to court the judge told her that that was a different matter (it was on a collections) then the matter at hand and she could file a dispute but it didn't make the collections issue dissappear.

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Yes, it turns out that they ARE allowed to just leave it, so long as a copy is sent "first class mail" to a "known good address". Since I'm already in one case with the court, and it was sent to my current address, I'm sure it would be hard to prove that this was improper. It's ok, I'll just deny deny deny. I started another thread, though, since the lawyer followed this summons with an IMMEDIATE "hey let's not fight this out in court" letter.

(Gist of other post is... do I still file an answer, or jump straight to negotiating a settlement, or both?)

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