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 Posted: Fri Dec 01, 2006 10:07 am Subject: Contesting proof of service. |
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Hi Everyone,
I previously posted about being sued by a creditor for $6K debt.
How do I contest proof of service?
I am being sued by creditor. Service was improper. They said they gave a copy of the summons to someone over 18 in my household about 2 weeks before I actually got the summons by mail. There is no postmark on the envelope summons came in so I have no way of proving date I received summons.
Does anyone know what happens after I file my answer to the summons in court? I did that today. I know that I am suppose to get someone to serve other party and file that with the court...but what then??
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| Posted: Fri Dec 01, 2006 12:28 pm Subject: |
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Summons is to be sent in person. Verify the date with the county clerk when it was sent. They should be having it in the records. 2 weeks is a big difference.
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PassionHunting
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| Posted: Fri Dec 01, 2006 1:06 pm Subject: Question about Proof of service (substitued) |
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They are saying proof of service is subsituted, which mean they gave it to someone over 18 in my household and then mailed me a copy. They DIDN'T give summons to anyone in my household. They did mail me a copy which I received on Nov. 16th (It said summons was filed on 10/30). They filed the proof of service (substitued) on Nov. 20th. I cannot get a copy of their proof of service from the county clerk because its not on file yet.
Anyhow I filed my answer today Dec. 1st. I think that I responded in time but just wanted to double check with you knowledgeable people.
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| Posted: Fri Dec 01, 2006 2:12 pm Subject: |
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If someone over 18 receives a legal document on behalf of someone, isn't there be a signature after receiving the packet? The signature can be tracked to prove the real story.
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PassionHunting
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