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Originally Posted by stishfield
Please help...
I moved to a new state. I took out a box at a mailbox store and used it as my address since I was renting. I opened up a new mailbox a few towns over when I moved into my "permanent" residence. I let my agreement lapse at mailbox store #1 because I did not pay my bill. They still collected my mail, however. I only checked that box every couple of months. The last time I checked it, there was service of a lawsuit by a debt collector. The court date had passed. I called the court and wrote a letter. I appeared and tried to dispute based on the fact I wasn't served. The owner of the mailbox store did not notify my of this "service". The judge would not vacate my judgement. I now have a $2K judgement against me. I was never able to verify this debt as even being valid, let alone getting my date in court. Can anyone offer any advice or help?
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Service of a lawsuit cannot be made by mail. Do you have a copy of the
"Proof of Service" that was supposed to be filed with the court after the process server allegedly served you? You need a copy of it to see what it says. Without a Proof of Service on file with the court, the court papers were never served on you.
The owner of the mailbox store is not responsible for making sure you got served. Only the process server is responsible.