Question about proper service

[dystopia]

A case was filed against me about a month ago in district court by a DC attorney.

The process server tried to serve the papers one day and encountered a well meaning roomate of mine who said I didn't live here.

They told me about it when I got home but the server didn't leave anything for me to respond to.

Does this help me? Hurt? Have I even been served?

Can I do anything about the lack of service other than go to the courthouse to get the documents?

[trooper2ls]

If they didn't hand you the paperwork.. then you have not been served. Think about it like this.. supposed he showed up at your neighbor's house to serve the papers? You don't live there... so how can they claim they served you? So by him just taking your roomate's word and leaving.. it would be just another bad address. People move all the time.

Most likely the will try to do a skip trace on you to find out where you "moved" to. Or possibly they will attempt to serve you via registered mail.

Process servers are not cops or attorneys so it would not be uncommon for him to encounter a "bad" address. They will just throw it back to the firm who hired them as non-served.

..J

[dystopia]

That was what I thought, they didn't even leave the papers so I'm assuming that the process server didn't consider me served.

However I think they will try to get the judgement just the same, don't you?

I guess what I'm ultimately getting at is: should I let this continue and use the sewer service defense to try to get the judgement dismissed?

or

Should I go to the courthouse like a good little boy and fetch the documents and file a notice to defend?

I'm wondering if there is an advantage to just letting the trial date pass and working backward claiming improper service.

[masterduke]

First before you do anything, remove your money from the bank! Just for safe keeping. They will probably mail the stupid court garbage to you regardless. If it is sent registered or regular mail the judge would consider it served(check your local rules) Since you know they are already lurking why not counterclaim them? They won't go away but it will not allow their buddy the judge, to immediately grant them their coveted summary judgement without answering your lawsuit first. You are now able to start your discovery on them. Did this debt debt attorney ever have a contract with a lengthy multiple payment history. Probably not???? gldsker has some great posts regarding their so called 'assignment' that 'allows' them to bring suit in the first place. And the false claim that it truly is. Motion to dismiss their suit for, No Prior Course of Dealing, Failure to State a Claim Upon Which Relief Can be Granted, or other affirmative defenses. Just make sure that when you file the motion you get a court date. So the clerk can't backburner you(something they like to do to pro se defendants). I wish you well in this fight!

[BOBT12]

Originally Posted by dystopia

That was what I thought, they didn't even leave the papers so I'm assuming that the process server didn't consider me served.

As masterduke says, check the rules of court.

However I think they will try to get the judgement just the same, don't you?

Yes.

I guess what I'm ultimately getting at is: should I let this continue and use the sewer service defense to try to get the judgement dismissed?

I don't think that this is a good way to proceed, you would be starting your defense in a weak position, with a judgment against you.

or

Should I go to the courthouse like a good little boy and fetch the documents and file a notice to defend?

I think so.

I'm wondering if there is an advantage to just letting the trial date pass and working backward claiming improper service.

It is better to respond now, in my view, you have many more tools at your disposal, as masterduke suggested.

[trooper2ls]

I agree with Masterduke and BobT. It is much easier to defend against an "in-process" than a judgement. The main thing to remember is these slimeballs lie, cheat and steal. They are not above the law.. though they act like it.

Potentially if this involves a dispute over a contract (i.e. debt) you may have already consented to a waiver of service of summons in the original contract. I have seen banks starting to put verbage like this in the original loan contracts .. I guess as a way to make a summary judgement easier to get and evade the normal rules and procedures of the court.

You didn't mention the nature of the suit in your post but depending on the type of case and who the Plaintiff is there are several techniques that you can use in your defense and resolution of the matter.

We will start with the opposing lawyer: his most obvious motivation is to maximize his billings in which we truly wish him every success. If he represents a corporation and that corporation has been a client of that Law Firm for a period of time and is a significant source of revenue, his far greater priority would be not to lose that client. Losing to a Pro Se amateur would most likely mean losing that big client. This means that when faced with well prepared Pro Se litigant who has a good case they may well try to feed the Client some legal mumbo-jumbo garbage to talk the Client into settling the lawsuit early on. Initially though, they usually come very cocky and accordingly very unprepared. When they are faced with sharp, and well prepared Pro Se litigant it may become quite entertaining. Some of them never learn and based on their pre-conceived notions continue to underestimate the Pro Se litigant allowing themselves liberties against the Rules of Procedure etc. This makes them a likely candidate for Complaint to Disciplinary Board(usually it's incorporated into the Appellate Court). It makes sense of course to first let them know that you may be FORCED to do that (obviously you are NEVER threatening - unfortunately the circumstances/their actions compel/force you to consider doing this), but suggesting that they try a more constructive way to resolve this dispute, as a settlement of the lawsuit would remove any need for you to pursue a Complaint.


Good luck... go get 'em.

[David Merrill]

Originally Posted by dystopia

A case was filed against me about a month ago in district court by a DC attorney.

The process server tried to serve the papers one day and encountered a well meaning roomate of mine who said I didn't live here.

They told me about it when I got home but the server didn't leave anything for me to respond to.

Does this help me? Hurt? Have I even been served?

Can I do anything about the lack of service other than go to the courthouse to get the documents?

The process server would have asked your roommate, "Are you able to accept process for "you"?" And after getting confirmation would have left the papers.

In my cases, I would abate for misnomer with a Refusal for Cause on the papers. But then that would be because they use a legal name I have not constructed around myself.

If you get a handle on your name you might in the future keep a handle on your relationships in law. As it goes with my presumptions, your roommate knows you as the legal name on the process. That is how you have identified yourself to your roommate and your roommate confirmed the process server had the right home and that the roommate would be finishing service.

Some recent Crosstalk will shed light:

From: David Merrill [xxxxxx]
Sent: Monday, March 24, 2008 8:05 AM
To: Suitors emails sanitized
Subject: true name verification

Dear Suitors;


Something interesting came of last week's exploration into Passports. The suitor who is considering commissioning me to form a comprehensive instruction set about applying downloaded his fillable application from the state department in November of 2006. Like I quoted it read:

http://www.state.gov/documents/organization/79955.pdf

Interestingly, the verbiage has been since changed.

From your identification to the US government through the Libel of Review, you all know your names and in agreement with law dictionaries your given or Christian name and your family or surname composes the legal or full name.

http://friends-n-family-research.inf...Definition.jpg

http://friends-n-family-research.inf...Name_legal.jpg

I believe that our dispelling of conditioning, like as with our identity and relationship to law and God-given unalienable rights, we are having such impact as for legislators and policy-setters to remove the nature of legal names further from our use on the application for passports. The wording still means the same thing; it is just easier to fool people in general into thinking that their name is "your full name" when it is easier to parse out the proper definitions for name from "your given name and surname".



Regards,

David Merrill.

http://friends-n-family-research.inf...me_Victory.zip

In the future consider only using your First and Middle names in relationships with roommates. Explain that is what your parents named you and that means they should not engage you in process under misnomer.

In situations where you are pressed into commercial interaction, then sign in your vessel as

First Middle dba FIRST M. LAST

Of course that means sign before the dba (doing business as) and print out the commercial artifice as on the account or license.

If you start doing this today, then in the near future you will be set up to abate for misnomer. Give the clerk of court ten days to correct the name on the process or you will expect the nuisance has been abated. Better yet, your roommate would have said, "No way. Nobody lives here by that name."



Regards,

David Merrill.

[dystopia]

Thanks for your input everyone.

I went ahead and filed intention to defend and requested new court date for the trial.

I'll start my discovery now.

Here's the original thread, I'll keep it updated:

http://www.suijuris.net/forum/banks-...highlight=cap1

[dystopia]

Originally Posted by masterduke

First before you do anything, remove your money from the bank! Just for safe keeping. They will probably mail the stupid court garbage to you regardless. If it is sent registered or regular mail the judge would consider it served(check your local rules) Since you know they are already lurking why not counterclaim them? They won't go away but it will not allow their buddy the judge, to immediately grant them their coveted summary judgement without answering your lawsuit first. You are now able to start your discovery on them. Did this debt debt attorney ever have a contract with a lengthy multiple payment history. Probably not???? gldsker has some great posts regarding their so called 'assignment' that 'allows' them to bring suit in the first place. And the false claim that it truly is. Motion to dismiss their suit for, No Prior Course of Dealing, Failure to State a Claim Upon Which Relief Can be Granted, or other affirmative defenses. Just make sure that when you file the motion you get a court date. So the clerk can't backburner you(something they like to do to pro se defendants). I wish you well in this fight!

Yes, this is what I'm thinking, the assignment. I'm going to expose him and attack him mercilessly.

BTW as I was writing I thought masterduke is going to come along any minute and tell me to take my money out of the bank.

Way ahead of you. ;)

[dystopia]

Originally Posted by David Merrill

The process server would have asked your roommate, "Are you able to accept process for "you"?" And after getting confirmation would have left the papers.

In my cases, I would abate for misnomer with a Refusal for Cause on the papers. But then that would be because they use a legal name I have not constructed around myself.

If you get a handle on your name you might in the future keep a handle on your relationships in law. As it goes with my presumptions, your roommate knows you as the legal name on the process. That is how you have identified yourself to your roommate and your roommate confirmed the process server had the right home and that the roommate would be finishing service.

Some recent Crosstalk will shed light:



In the future consider only using your First and Middle names in relationships with roommates. Explain that is what your parents named you and that means they should not engage you in process under misnomer.

In situations where you are pressed into commercial interaction, then sign in your vessel as

First Middle dba FIRST M. LAST

Of course that means sign before the dba (doing business as) and print out the commercial artifice as on the account or license.

If you start doing this today, then in the near future you will be set up to abate for misnomer. Give the clerk of court ten days to correct the name on the process or you will expect the nuisance has been abated. Better yet, your roommate would have said, "No way. Nobody lives here by that name."



Regards,

David Merrill.

Intriguing, I must learn more. Thanks David.