Flawed process service

[Jhoward12273]

What is the name of your state (only U.S. law)? Texas

I've received a notice of suspension of drivers license due to a default judgement rendered from a lawsuit I knew nothing about. Yes, I did get notice that a default judgement was entered after the fact, but had I known I was being sued in the first place I'd have forwarded the matter to the attorney assigned to my auto insurance claim.
My problem with this is that the affidavit of service is false, and overall the rules for effective service are flawed in favor of the plaintiff. I've no choice but to file bankruptcy, so the lawsuit isn't my complaint. I'm wondering what it would take, in this age of technology and instant information, to change the rules for service to absolutely confirm the defendant is properly served and the due process takes place as intended. Has anyone else here been been sued without proper service, thereby preventing a fair defense?

 

[HighwayMan]

Firstly this has nothing to do with auto accidents - your question has to do with service of court documents.

So what exactly is in the affidavit of service? How were you supposedly served?

 

[Jhoward12273]

Service

My attorney friend was able to describe the affidavit to me, indicating that I was personally confirmed and delivered in person. It describes me, but incorrectly. Further, I would have been at work at that time, not home to receive personal service.
You're correct, my beef isn't the suit - it's the inconsistency of process service rules. For example, if this were a family court issue, I'd be screwed because I didn't know I was too appear in court.

 

[HighwayMan]

Well then why doesn't your attorney friend help you take action since you apparently were never served and the process server committed perjury.

 

[Jhoward12273]

We're going to, but again that's not the main concern - I'm curious as to how frequently something like this happens, where outcomes sway drastically for the respondent that was not properly served. We can do research day and night, but that particular question can better be answered by those who have been affected and not been able to defend themselves. Imagine you pick up your mail one day to find you were notified that a default judgement was entered against you never knowing there was an action against you - then to find out you were never directly served, but the server swore an affidavit stating you were. You'd be bitter of the "due process", would you not?

 

[HighwayMan]

I'm curious as to how frequently something like this happens...

No one can answer that question.

 

[tranquility]

Picture a person in the dark waiving hands around to "see" what they can. That is where you are. You simply cannot help yourself by talking to the internet. See an attorney.