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How I got a one-year-old default judgement vacated


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Attached is how I got a one-year-old default judgement vacated. 

 

This example will probably not apply to many people, but you never know what you might find if you look in the actual case file of old default judgements.  The statute of limitations never runs out if you were not served properly and want to make a motion to vacate.  It's an issue of due process and "personal jurisdiction",  but only IF you can prove it.  I got very lucky in this particular case.

 

 

Motion to Vacate granted.pdf

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Great read. Thank you for posting this.

 

Curious as to whether or not this process server faced any repercussions for their false service?

 

 

There were definitely no repercussions to the process server.  At court, the JDB attorney was very agreeable to have the judgement vacated.  At first she wanted to just serve me on the spot and keep the case going, but became agreeable to dismiss without prejudice after I told her that she needed to go take some time and do some research among her peers and see that I am not a person she wants to take to court.

 

When we went before the judge, as she was granting my motion, she told the attorney that it was a good thing because the judge was going to have a LOT to say to her about the process server if she opposed the motion.

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There were definitely no repercussions to the process server.  At court, the JDB attorney was very agreeable to have the judgement vacated.  At first she wanted to just serve me on the spot and keep the case going, but became agreeable to dismiss without prejudice after I told her that she needed to go take some time and do some research among her peers and see that I am not a person she wants to take to court.

 

When we went before the judge, as she was granting my motion, she told the attorney that it was a good thing because the judge was going to have a LOT to say to her about the process server if she opposed the motion.

 

We had a case here in California in 2012 whereby a group of about 14 San Francisco Bay Area residents sued ABC Legal Services for "sewer serving" them.   I think that case was eventually settled out of court in January 2013.

 

When the attorney audited ABC legal services records they had a ton of infractions ranging from purportedly successfully serving a woman who had been dead for over a year to a process server swearing they served two different people in two different locations at the same time on the same day! WTF.

 

In any event this same company sewer served me but I was luckier than you they left  it on my door step and rather than fight the service I fought the case and got the JDB to dismiss w/o prejudice by bombarding them with so many discovery requests and motions to compel they missed important dead-lines etc.  Now the SOL has expired.

 

Congrats on a job well done.

 

SkippieB

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...

In any event this same company sewer served me but I was luckier than you they left  it on my door step and rather than fight the service I fought the case and got the JDB to dismiss w/o prejudice by bombarding them with so many discovery requests and motions to compel they missed important dead-lines etc.  Now the SOL has expired.

...

Amazing how "lucky" some people get when they intelligently work their tails off! :-)

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We had a case here in California in 2012 whereby a group of about 14 San Francisco Bay Area residents sued ABC Legal Services for "sewer serving" them.   I think that case was eventually settled out of court in January 2013.

 

When the attorney audited ABC legal services records they had a ton of infractions ranging from purportedly successfully serving a woman who had been dead for over a year to a process server swearing they served two different people in two different locations at the same time on the same day! WTF.

 

In any event this same company sewer served me but I was luckier than you they left  it on my door step and rather than fight the service I fought the case and got the JDB to dismiss w/o prejudice by bombarding them with so many discovery requests and motions to compel they missed important dead-lines etc.  Now the SOL has expired.

 

Congrats on a job well done.

 

SkippieB

 

 

As of August 29, 2013, 'sewer service" cases are still alive and well in CA courts.

 

http://scholar.google.com/scholar_case?case=12702447524339287917&q=fdcpa+sewer+service&hl=en&as_sdt=4,5,72,73,78,79,80,86,88,93,114,129,134,135,141,142,143,149,151,156,258,259,260,261,310,311,321,322,323,324,373,374,383&as_ylo=2009

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Amazing how "lucky" some people get when they intelligently work their tails off! :-)

Exactly what I was thinking and telling the JDB attorney that she "needed to go take some time and do some research among her peers and see that I am not a person she wants to take to court" is classic.

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Guest usctrojanalum

 

When we went before the judge, as she was granting my motion, she told the attorney that it was a good thing because the judge was going to have a LOT to say to her about the process server if she opposed the motion.

 

Judge can say whatever he wants, process servers are independent contractors and there is nothing the judge can do to the JDB or JDB attorney about it. JDB and the attorney are not liable for process server actions.

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Judge can say whatever he wants, process servers are independent contractors and there is nothing the judge can do to the JDB or JDB attorney about it. JDB and the attorney are not liable for process server actions.

Perhaps the process server is a fiction created by/for the DC attorney that might have been used in obtaining multiple default judgments.

 

The MTV Default Judgment Due to Improper Service state, in part,

It should be noted the affidavit also claims to have attached as exhibit “A” a

standing order from this court showing Gay Greif appointed to be a process server.

No such exhibit “A” or court order is included in the record to verify this person is

a certified or appointed process server per O.C.G.A. § 9-11-4.

 

AFAIK the judge might have some pertinent questions for the DC attorney to determine if they have perpetrated a fraud upon the court.

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@Credator

 

Perhaps the process server is a fiction created by/for the DC attorney that might have been used in obtaining multiple default judgments.

 

 

In the court files, there should be a certificate or proof of service that shows the processor server's name, the date of service, etc.  It wouldn't be difficult to find out if that person exists and whether or not he will attest to the validity of that proof of service.

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Perhaps, but you're reaching.

Not that hard of a reach (fictional process server or perhaps other complicit issues with attorney/law firm) when 1.) the affidavit was apparently a fabrication based on the physical description mismatch; and 2.) the missing exhibit A. One error is perhaps an anomaly. Two significant errors, that aid in securing a default judgment against a consumer, start to develop into a pattern IMHO.

 

I have had service of process executed on me and by me, multiple times. My process server is professional. Those that served me were competent. The service described in this thread is a serious aberration IMO.

 

@Credator

 

 

In the court files, there should be a certificate or proof of service that shows the processor server's name, the date of service, etc.  It wouldn't be difficult to find out if that person exists and whether or not he will attest to the validity of that proof of service.

The ease of figuring out the "game" being played on the court may be precisely why, if bad behavior on the part of the attorney was involved, the PRA attorney may have chosen not pursue at that time. It appears that serious shortcuts and/or mistakes (missing exhibit A that was referenced), related to the service of process, were made by the attorney:

It should be noted the affidavit also claims to have attached as exhibit “A” a

standing order from this court showing Gay Greif appointed to be a process server.

No such exhibit “A” or court order is included in the record to verify this person is

a certified or appointed process server per O.C.G.A. § 9-11-4.

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@Credator

 

It appears that serious shortcuts and/or mistakes (missing exhibit A that was referenced), related to the service of process, were made by the attorney:

 

 

I agree.  If there's nothing from a process server, or if there's a document from a "fictional" process server, you have proof of fraud by someone.

 

You just first need to determine if service was valid.

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