Improperly Served Civil Summons?
Date: Wed, 04/14/2010 - 17:35
I think for it to be properly served must be to a person over th
I think for it to be properly served must be to a person over the age of 16 that resides at the house. Contact the court immediately and check the status of this court case, chances are they may have gotten a default judgment. If this is so ask about how to file a motion to vacate due to improper services. You have the right to defend yourself and them leaving the summons with someone who does not reside at the house is not proper. If all else fails, write a letter to the judge explaining the situation and that the papers don't even list who or what the debt was for and ask that the judgment be vacated so that you may p[properly defend yourself.
Thank you so much Goldenbast!! I called and I have 30 days to
Thank you so much Goldenbast!!
I called and I have 30 days to answer from the serving date, not the date the document was recorded. So I still have plenty of time to get my answer in.
Federal law requires that service of process in any state start
Federal law requires that service of process in any state start from the day it was delivered to your home and not from the day of filing. Whether or not the complaint is proper and was properly served is a matter for state law and each state's law is slightly different. If you're unsure about either you should consult a lawyer from your state. You don't have to hire one for something like determining proper format and service, see if there's a help desk at your local courthouse for general civil matters. They can give you the advice you need and if things don't comply with the local court rules they should be able to help you draft the motion to vacate and help you file it.