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  1. #1
    Fred_in_Mass Guest

    Post Been Served Improperly

    What is the name of your state? Massachusetts
    On september 22.2002 I was improperly served a summons,from the deputy sherriff of North Middlesex County.The summons was neither hand delivered in person or mailed,the summons was pinned to a board above the mailboxes.Have tried to contact an attorney,but have not heard from he or she.What shall I do? Respectfully Fred_in_Mass P,S, I don't have an attorney nor can I afford one
  2. #2
    HomeGuru is offline Senior Member
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    Re: Been Served Improperly

    [QUOTE]Originally posted by Fred_in_Mass
    [B]What is the name of your state? Massachusetts
    On september 22.2002 I was improperly served a summons,from the deputy sherriff of North Middlesex County.The summons was neither hand delivered in person or mailed,the summons was pinned to a board above the mailboxes.Have tried to contact an attorney,but have not heard from he or she.What shall I do? Respectfully Fred_in_Mass P,S, I don't have an attorney nor can I afford one

    **A: do you have the summons and what does it say at the top?
  3. #3
    Fred_in_Mass Guest

    homeguru

    Yes,I have the summons,at the top it says Judgement debtor with my name and address.I am in a civil suit ove a credit card debt. Fred_in_Mass
  4. #4
    HomeGuru is offline Senior Member
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    Re: homeguru

    [QUOTE]Originally posted by Fred_in_Mass
    [B]Yes,I have the summons,at the top it says Judgement debtor with my name and address.I am in a civil suit ove a credit card debt. Fred_in_Mass

    **A: Fred, consider yourself served.
  5. #5
    JETX is offline Senior Member
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    Massachusetts Rules of Civil Procedure, Rule 5:
    "(b) Same: How Made. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at his office with his clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing."

    Q) "What shall I do?"
    A) What do you want to do?? Do you want to defend yourself against the claim?? If so, contact the court and accept service. If you want to try to 'duck' this, you can do nothing. If you do nothing, the court will grant a default judgment against you and you will then have to file a Motion to Vacate and request a hearing to explain why you were not properly served. If the judge agrees, then that judgment COULD be set aside and force the plaintiff to refile the lawsuit... and serve on you properly.

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