Sewer Service and Default

[MADDOG]

A lying process server claimed I was served by leaving the summons with a "co-resident white male" (total bull****... never happened) and the law firm proceeded to file a default against me which the judge has apparantly signed the same day it was filed.

As I understand it, I can file a Motion to Set Aside Default based upon insufficiency of Service. Awhile back I bought "The Works" from Jurisdictionary.com and will use their info and my state's rules of civil proceedure for the format. What gripes me is that by doing so I will be making an appearance, thus giving them jurisdiction... right?

[masterduke]

Believe me these creeps already have jurisdication and they will clean out your bank account. Clear it out now before they do. Legal agruements concerning this topic can only be argued by someone who knows the subject inside and out. The judge ain't gonna care. Your sewer service angle may be your best bet. Research to see how many other people have been screwed by this debt attorney by this same dirty trick? Its really too bad that there isn't some attorney on this forum besides toads like shoonra, etc. that know the law and would share the right approaches to battling these scumbags. I have been hanging out here for, going on, 4 years now and have yet to see anyone who matches the description of a consumer advocate attorney type who could really lay out the way to prevail against these rats? Jurisdictionary is a great start. But the intricate details/tricks needed to fight back seem to be missing. These debt vultures need to be stopped. The Rotten debt collection 'buisness' is now the 3rd or 4th fastest growing 'industry' in this 'country' now! That coupled with their crime partners, the banks, are responsible for the changes to the BK laws. As well as the current push to make it virtualy impossible to deflect an attack once the court papers have been filed. The debt collector 'industry' is working/lobbying right now behind the scenes to 'speed up' the time it takes from when The first dunning letter is sent to the time they get their, soon to be virtualy bulletproof, summary judgement. Their goal is to be able to 'condense' the whole process to under 30 to 45 days start to finish. They would like to really 'condense' it down to 21 days but they feel that wouldn't fly with the useless legislaters for now at least(give 'em 7 to 10 years).

[ezrhythm]

You could think about doing a notary protest to get them to agree by default that you were improperly served plus additional truths that they won't admit too.

[Livefire]

Check the rules of service for your state. It may state that they have to serve you PERSONALLY! If this is so, you have them, since they have admitted to NOT personally served you. Otherwise, a potential plaintiff has to file a request with the court to allow alternate service via newspaper notification where summons is published in the local paper for 3 consecutive weeks and the affidavit from the newspaper is filed along with the complaint into the record, thereby completing legal service. (this is MI court rule)

masterduke is right, the default has already given them jurisdiction and they will now come after your accounts and attempt to garnish any wages you receive. Time to file that motion to set aside the verdict and perhaps counterclaim for damages of your own. They have commited fraud upon you and the court.

As to masterduke's statement about attorney's teaching people how to navigate the system, they cant, their bar brethern would pursue sanctions against them! Attorneys only care about you if they are getting paid! In the case of Shoonra, he is a librarian possessing a JD degree, not an attorney actively practicing law. He probably hasnt litigated a civil case or plead a criminal one in years and may not feel comfortable and/or competent to teach motion and courtroom strategy to anyone. His strength is legal research and that would be awesome if he started threads in that area. I'm not slamming Shoonra at all, it's just an observation on my part.

[Lawdog]

Making a motion to set aside a default judgment on grounds that you were never properly served does NOT mean that you are admitting that the court has jurisdiction. Quite the contrary, you are saying that the court never achieved personal (aka in personam) jurisdiction over you because you were never properly served, and therefore the judgment against you should be nullified. Opening of default judgments in federal courts is governed by Rules 55 and 60 of the Federal Rules of Civil Procedure. If this judgment was issued against you in state court, you need to check your state's civil procedure rules.

And you might need to hurry. Opening a default as a matter of right (as opposed to such being in the discretion of the court) can expire in as little as 15 days after the date of default.

[weishaupt1776]

Originally Posted by MADDOG

What gripes me is that by doing so I will be making an appearance, thus giving them jurisdiction... right?

Nope, only a general appearance waives jurisdiction

Appear specially only to quash service of process for an inpersonam challenge.

I need to get to my other computer for Florida cases on this

[BOBT12]

Originally Posted by MADDOG

A lying process server claimed I was served by leaving the summons with a "co-resident white male" (total bull****... never happened) and the law firm proceeded to file a default against me which the judge has apparantly signed the same day it was filed.

As I understand it, I can file a Motion to Set Aside Default based upon insufficiency of Service. Awhile back I bought "The Works" from Jurisdictionary.com and will use their info and my state's rules of civil proceedure for the format. What gripes me is that by doing so I will be making an appearance, thus giving them jurisdiction... right?

Let the courthouse know what happened, you often have a short time (10 days) to raise a valid objection to the judgment.

[MADDOG]

I didn't find out in time to challenge it within 10 or 15 days. It's already been over a month. #$%^&#@!

I prepared a FAX last Friday and sent it to our local bank branch and also the main branch informing them that FL Statute 222.11 provides that the wages of the Head of Household are exempt from garnishment. I included my phone number and I heard nothing back from either branch, either by FAX or by phone. Something told me to double check over the phone this AM.

I just called them to make sure they received my FAX. First they claimed they never received my FAX last week, and then they gave me the same FAX number that I already used last week. (WTF???)

So I FAXed it again. After they received it this AM, they informed me that they have no say-so in the matter and that the Judgement Creditor would probably just go ahead and clean out our bank account "under the table" (their words exactly)!!!

So we are going to the bank and closing this account. I already filed the paperwork to stop my employer's auto deposit and mail a regular check to me... and I have just called our insurance co. and stopped the auto withdrawal of the insurance pmt. They told me I could drop by their office each month and pay in person. Fine.

I heard somewhere recently that the judgement is only effective in FL, is that true? Can we use an out of state bank? What about Internet based banks?
.

[MADDOG]

Originally Posted by weishaupt1776

Nope, only a general appearance waives jurisdiction

Appear specially only to quash service of process for an inpersonam challenge.

I need to get to my other computer for Florida cases on this

So I need to specify in my "Motion to Quash Service of Process" that this is a Special Appearance. OK!

BTW, the Statute of Limitations is due to run out on this case by the end of this month. NO DOUBT this is the reason why this sewer service tactic was taken. If I quash service of process before the SOL tolls at the end of the month, they still have time to try to serve me. Should I wait until the beginning of April? If I can do that, and can get the service quashed, it will then be too late for them to serve me properly!!!
.

[BOBT12]

Originally Posted by MADDOG

So I need to specify in my "Motion to Quash Service of Process" that this is a Special Appearance. OK!

BTW, the Statute of Limitations is due to run out on this case by the end of this month. NO DOUBT this is the reason why this sewer service tactic was taken. If I quash service of process before the SOL tolls at the end of the month, they still have time to try to serve me. Should I wait until the beginning of April? If I can do that, and can get the service quashed, it will then be too late for them to serve me properly!!!
.

First thing, I would respond ASAP. With a judgment in the DC's hands, SOL won't apply. You must try to undo the judgment! As you can see, thus far, time has been working against you. You must change this momentum.

Additionally, you may want to consider pursuing a fraud, and/or perjury angle, there is much more time to work on the issue. Of course, it may be more difficult, because these are more serious matters. You may need to talk to the DA on this issue.