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Is this sewer service?


Casper
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Portfolio filed against me at my old address in TN back in August, but I moved to TX in mid August.  They never tried to serve me at all.   Then, they recently they filed an affidavit of lost summons for after the court date would have been.  If they lost the summons, how could they have served me at all?

The court website looks like this:

 

12/10/2020 12:47 PM RECEIVED AFFIDAVIT OF LOST ORIGINAL SUMMONS FROM ABC LEGAL: CW/SA SERVED PERSONAL SERVICE ON 8-14-20 BY ABC LEGAL xxxxxx / RECEIVED AFTER COURT DATE / ER

08/05/2020 8:01 AM      Civil Summons Issued on xxx 8/5/2020

08/05/2020 8:01 AM      Filing Entered: Civil Summons - 1 Defendant - Filed For Portfolio Recovery Associates LLC - Filed Against xxxxx CW/SA: Preset court date of 11/02/2020 @ 9:00 AM. ABC Legal to serve. VH

08/05/2020 7:58 AM      Civil Case Created

 

It almost looks like they are claiming they served me on August 14th (they didn't) then lost the return of service and never gave it to the court.  What does CW/SA stand for?

 

I may write an ex-parte request to the court letting them know I couldn't have been served since I moved so no trial will be scheduled.

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2 hours ago, Casper said:

I may write an ex-parte request to the court letting them know I couldn't have been served since I moved so no trial will be scheduled.

The major problem is they filed BEFORE you moved.  That means the trial would have be be in Tennessee because they filed timely.  That you are no longer in that jurisdiction becomes your problem not theirs.  I would NOT notify the court you moved.  Wait and see what the file updates to.  Call an attorney in that county in TN and ask what this means.  My guess is that the CW/SA means consistent with service attempted but it is only a GUESS on my part.  It looks to me like they are saying they were not notified that the process server lost the original summons until after the scheduled trial date. My guess is they have to try and serve you again or they could dismiss and re-file.  If it is dismissed and they re-file in TN THEN you file with the court for dismissal based on improper jurisdiction.  You do not simply send a letter to the court.  That is not the way to handle matters once you have been sued.

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Thanks for your clarity of thought.  Waiting to see what happens next is a good plan.  If they do act like I was served and schedule a court date, I will deal with that then.

 

I moved for a much better paying job, so I could likely afford an attorney in that area to show up for me if need be.

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