"served" summons in MA when I lived in ID for judgement from Midland
Date: Fri, 02/13/2009 - 23:02
Turns out that "Midland Funding, llc" took me to civil court in Orleans Court House in Massachusetts in 2007 for around $850. Apparently I was "served" a summons. I spoke with the Clerk at the Courthouse and she said that they have a copy of an undelivered summons letter that was mailed and then returned as I didn't live there.
It seems that I have to mail a SAE envelope to the court house with the Docket Number and a $3 check to get a copy of the "three pieces of paper". With this in hand I am supposed to contact the lawyer that was representing and then see if their client is still persuing the matter. If not, I need to have them sent me a letter via certified mail to get the judgement dropped.
Seems easy, right?
too bad I have until Tuesday to get this resolved or I loose the house... and my deposit + good faith
You'll have to file a Motion to Vacate based on Improper Service
You'll have to file a Motion to Vacate based on Improper Service and then a Motion to Dismiss if tehy attempt to re-file in MA for Improper Venue
thank you!
Thank you for your prompt reply. My wife and I doing that as I type this. The hardest part is finding the ability to "be" in MA when I live in ID
Call the court and find out if this can all happen via certified
Call the court and find out if this can all happen via certified mail since you don't live in MA
hang on a second here....I must be missing something... You s
hang on a second here....I must be missing something...
You said this:
Quote:
Apparently I was "served" a summons. I spoke with the Clerk at the Courthouse and she said that they have a copy of an undelivered summons letter that was mailed and then returned as I didn't live there. |
By their own documents, you were never served anything, they have on record that the summons was returned and not delivered. So, I fail to see how you could have been "served" when the court docket even shows that you were not.
In MA, the court has the discretion to use other means to attempt to notify a defendant, such as printing the court date in a local newspaper, if the plaintiff has not had any luck in locating the defendant for service of the summons. My question to you is, did you ever live in MA, and if so, how long before the court date did you leave that state?
It never ceases to amaze me today, that an attorney anywhere can so easily locate someone (who isnt trying to hide) by their SSN, if it is known....and yet, there is no apparent requirement for these lawyers to use those resources in such a situation as this. They have it way too easy when it comes to suing people in most places.
Is there more to the story? The clerk didn't read the docket ac
Is there more to the story? The clerk didn't read the docket according the original post. He/se just said they had an undelivered summons in the file. Did the judge in case authorize alternative service, i.e., by publication, etc., when it came back undelivered? If so, mrvyze needs to address that in the motion, too.