substitution service

When a summons is being served, they can serve any adult at that residence. Do you live in the same county? If so, answer the summons....do you have a valid defense??

I lived in the same county but not in that address. I did owed the money but not to to the plainitff, but since they bought the debt I have to think of something, and I guess when I am able I will pay will not work with these guys.

I just need to find out if I have that extract 10 days to answer the summons.

Wow...you dont get it....if they get a judgment against you which they probably will, they will be able to garnish your wages and levy your bank account. They wont wait until you are "able". I would suggest you try working with "these guys" asap.

Yes, a judgement, but I guess I did not clearly post my question in the first place: I just need to find out who to prove the proper service, who suppose or has to; can the plaintiff lie about how they serve?

who did they say they served and how? serving your brother in law is perfectly legal.

Is this a substitution or not, can they lie about it. Thanks!

How did they lie about it??? What did they submit to the court??? I am not understanding why you are so hung up on on this substitution issue. Even if they did lie, you will just be re-served and sued.
What state are you in??

From nolo law



Substituted Service
A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the hands of the person to be served. Substituted service, on the other hand, may be accomplished by leaving the documents with a designated agent, with another adult in the recipient's home, with the recipient's manager at work, or by posting a notice in a prominent place and then using certified mail to send copies of the documents to the recipient.

Since I did not rec'ed the summons myself, but I did get it a couple weeks later: what's matter is I need that 10 days allowed by the substitution service. Anyway, my question is really simple, why the plaintiff does not need to file a proof of service? Most of people told me to file an answer right away: reason to be after 30 days the plaintiff can file a default judgement against me: that it is why I like to find out why the plaintiff does not need to file a proof of service and went ahead file a default in 30 days without proof of service. Thanks!

It is not my home, it was the address I used when I was out of States 3 years ago: I am not so hung up on the way they served, it is only matter of time to respond. Since they did not file a proof of service and everyone told me do not bet on it and that is why I am wonder. What ground, code, or what so ever they can do that. Thanks!

Without knowing your state, I cannot say. Plaintiff does not file the proof of service...the process server does. I am not understanding why you are so hung up on this....do you have a valid defense against the debt???

FYI...the time you were out of the US would have frozen the SOL.

I do not know if my defense is good enough or not, the reason I want to find out if the plaintiff does not need to file a proof of service is as follow:

1. They can file a default judgement against me while I think I have 10 extra days.
2. By doing this they are lying on the way they served me.

Of cause they may do nothing since look like the law pretty much on the litigate side unless I am wrong, they have enough time to sit and wait; I just want to find out why a plaintiff does not file proof of service, it looks pretty common on the debt collection case, what kind of strategy is this?

I have asked you more than once for your state of residency. Have you checked the code of Civil Procedure?

What difference is 10 days gonna make? You have been posting here for 3 days and if you dont have a valid defense against the debt, they are gonna get there judgment sooner or later. They served you at your last known address..did your brother bother to tell them you do not reside there and refuse the summons??