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To be Served or Not to be Served, which is it


mrdolliver
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Some time back I discovered a judgment against me and I was never served any papers at any time, yet in searching through the public records I find this judgment. I know I was never served or were any attempts to do so, I never avoid handling any correspondance etc. And as I am confined to a bed and chair, 24 hours a day with my wife as my full time caretaker, no one ever came to the door to serve any types of paper work. What is on a summons or papers being served that prove it was done properly. I know I should be able to fight the issue of the judgment, but first how are they able to push these things along like this. I realize that I live in the county that has most corrupt judges and attornies, Broward County Florida but there should be a few laws that even the vultures/bottom feeders/zombies must follow.

MRDolliver

"getting an extra breathe of life fighting these crooks"

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Every state has its own rules for service of process. Generally, service is accomplished in person or by mail. However, there are other methods of service.

Go to this link and click on your state to read about your state's law for service of process: http://www.serve-em.com/servicemap.html

You need to go to the courthouse and ask to read the judgment file. Review the file carefully and pay special attention to what it says about how service was accomplished. For example, the process server's affidavit may say "served 40 year old white male at residence". If there is no one fitting that description at your residence, then you know the service was not proper.

If you think service was not proper, the next step is to review your state law to see if you are eligible to file a motion to vacate the judgment. Again, each state has different rules. Generally, there is a time limit -- commonly one year after award of the judgment.

If you decide to file a motion to vacate, speak to the court clerk about procedures for such a motion. Either the clerk can give you a fill-in-the-blank form or they can show you a sample of such a motion.

Does this answer your questions?

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I would qualify the excellent advice already given with this; before deciding if you want to try and vacate the judgment, make sure the outcome, even if your win, is worth the time, effort and expense.

Even if you were improperly seved, proving that and getting the judgment set aside is not necessairly easy.

Getting a judgment overturned is not a guarantee that the creditor won't turn around a sure you again and if you do owe the debt, it's likely they'll get a new judgment against you.

Keep in mind that "not getting served" is not the same as "improper servicve"...for example, if you didn't keep your creditor aprised of your currect address they may have "served" you at an old address.

Finally, you also need to conside how/if the existance is hurting you...if you are in a position where there is nothing they can take/do to you then the fact that a judgment exists is rather moot.

I DO recomend you find out the fact about the judgment as suggested - informatin is ALWAYS helpful; but do also keep in mind that there are times when doing noting is actually the best course of action!

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