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Business Debt, Collections sewer service: civil lawsuit
- Thread Starter cash76
- Start date
adjusterjack
Super Moderator
I don't know. I told the Sherriff there is no one here by that name. ITs not my name so i am not accepting the paperwork
zddoodah
Well-Known Member
Not sure what this means, but whether or not you "accept" service of process, the service will still be effective.
I assume this means that, up until 15 years ago, you used the name Jane Smith and, now, you use the name Jane Jones, and that the paperwork in question is directed to Jane Smith. If so, that fact won't invalidate otherwise proper service.
I've worked in the legal field for more than 35 years, and I've never heard that term
I suggest you not play games like this. If it's your former name, then it's you. If the paperwork hasn't already been served on you, then it will be eventually, and hiding from a lawsuit never goes well.
Zigner
Well-Known Member
To expand a little bit on to what you've already been told: If you play these games, then you might get properly "served" without ever knowing. How do you expect to defend yourself if you don't even know about the matter?
Tax Counsel
Well-Known Member
Do you have to accept service? No, you don't. But refusing service doesn't mean you won't be considered properly served when you keep dodging service and the plantiff files to serve you by publication. Then you may never know of the lawsuit until after the judgment has been entered against you without you having one word said to defend yourself.
You may, in that case, seek to vacate the judgment if you have grounds to do so, but even if you have good grounds to get it vacated typically that'll just result the judgment being set aside and the court ordering a trial on the matter. In other words, pretty much the same result if you simply took service of the summons and complaint now. And you don't have proper grounds to vacate the judgment, you'll be stuck with it without ever having had your chance to present your side of it.
The last name change doesn't make the service ineffective. If you are the proper defendant, regardless of your present name, and the summons & complaint were served following the rules for service in your state the service is good. You certainly may object that the last name is wrong; the court will have no problem allowing the plaintiff to amend the pleadings accordingly.
adjusterjack
Super Moderator
Really?
Even the US Supreme Court has heard of it.
"This practice, colloquially known as sewer service (in reference to the act of "serving" court papers to someone by dumping them in a sewer), is prohibited by law.["
Rotkiske v. Klemm - Wikipedia
Sewer service - Wikipedia
army judge
Super Moderator
What happens if the process server served the wrong person?
Getting sued by a debt collector is not fun. It's even less fun when you don't even know you're being sued.Debt collectors are infamous for improperly serving court documents. There are many reasons that you might experience court papers served incorrectly, including:
- Incorrect name on court Summons
- Improperly served Summons
- Court Summons sent to wrong address
- Summons lost in the mail
If your court documents were served to the wrong person, or if they never made it to you for any other reason, there can be serious consequences. Each state has a deadline for defendants to respond to a court Summons and Complaint, and if no Answer is filed within that deadline, a default judgment can be ordered against the defendant.
A default judgment gives the plaintiff the right to garnish wages, seize property, and freeze bank accounts in order to collect the money they claim is owed.
Avoid default judgment by filing an Answer into your case.
Use improper service as an affirmative defense in your Answer
If you have proof that you were improperly served court documents, you can bring it up as a defense in your case. In your Answer document, include improper service as one of your affirmative defenses. This gives you leverage in your lawsuit, granting you the right to explain why you missed any deadlines to respond or court hearings.If you believe that you are being sued for debt and you were not properly notified, or worse, a default judgment has been placed against you, then you need to take action.
If you have already lost the lawsuit by default judgment, then you can file a Motion to Set Aside Judgment. If the deadline has not passed to respond to the Complaint, then you can file an Answer arguing you should win because of improper service.
Let's consider an example:
Example: Jason is sued by a debt collection agency in California for an old credit debt of $900. The process server hired by a debt collection attorney deliberately fails to serve Jason with the Summons and Complaint and fraudulently submits an affidavit of service to the court claiming service was made. Months later, Jason receives a notice in the mail that he has lost the case by default because he didn't respond in time. After some investigating, he finds out that he was sued and never notified about it. Jason uses SoloSuit to file a Motion to Set Aside Judgment and an Answer document where he explains he was never properly served. The court accepts the motion and Answer and eventually, the case gets thrown out.
Improper service is also known as sewer service, which is a common practice among debt collectors. This is the practice of intentionally failing to serve court documents to a defendant in order to win a case automatically.
The diagram below outlines your options if you are a victim of sewer service:
What If a Summons Was Served to the Wrong Person? | SoloSuit Blog
A lawsuit can be dismissed (i.e. tossed out of court) if it is shown that there was a serious defect in the Summons or if the defendant was not properly served with the Summons and Complaint. When the wrong person is served with a Summons, it means the service was insufficient and could be used...
www.solosuit.com
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