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  1. #1
    doodah97203 is offline Junior Member
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    Being served a summons and default judgement?

    What is the name of your state (only U.S. law)? being served in Tennessee
    I was informed by my my ex step daughter that someone is trying to sue me and that they have been harassing my ex wife thinking i live there.We don't have contact
    We divorced I moved back to the west coast .
    I never filed a change of address.
    She moved out of our old house and filed a change of address and did it for the whole house so my mail and credit report was updated to her address.
    According to my daughter (she just told me about this according to her its been a few weeks since this happened) they have been trying to serve me for a few months and finaly just left summons on the door of the exwifes house.
    Can they get a default judgement since they say I was served ?
    If they say I was physically served and I can prove beyond a doubt I wasn't is there any penalty they will have to deal with or can the default judgement be thrown out.
    I am a over the road truck driver and can prove with my federal dot log books where I have been every day for the last year and there was no way I was served or knew about the lawsuit
    Last edited by doodah97203; 10-28-2009 at 01:36 PM.
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by doodah97203 View Post
    According to my daughter they have been trying to serve me for a few months and finaly just left summons on the door of the exwifes house.
    Can they get a default judgement since they say I was served ?
    Yep!!!
    Gotta' LOVE it.

    In Tennessee (and since they don't KNOW you are out of state), the following process rules apply (Tennessee Rules of Civil Procedure):
    4.04. Service Upon Defendants within the State
    The plaintiff shall furnish the person making the service with such copies of the summons and complaint as are necessary. Service shall be made as follows:
    * Upon an individual other than an unmarried infant or an incompetent person, by delivering a copy of the summons and of the complaint to the individual personally, or if he or she evades or attempts to evade service, by leaving copies thereof at the individualís dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, whose name shall appear on the proof of service, or by delivering the copies to an agent authorized by appointment or by law to receive service on behalf of the individual served.


    If they say I was physically served and I can prove beyond a doubt I wasn't is there any penalty they will have to deal with or can the default judgement be thrown out.
    If service was made improperly (not in accordance with the law) and a judgment is rendered against you, then yes, you can file a motion to dismiss the judgment. The court would then consider your motion... and decide whether to dismiss or not.

    I am a over the road truck driver and can prove with my federal dot log books where I have been every day for the last year and there was no way I was served or knew about the lawsuit
    And of course, that is CRAP.... since you clearly DO KNOW about the lawsuit!!
  3. #3
    doodah97203 is offline Junior Member
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    i didnt know about the lawsuit till after the fact i havent had any contact with them in over 2 yrs only reason i just found out about it is my ex step daughter contacted me to tell me she had a baby and we talked a bit and she mentioned it
  4. #4
    JETX is offline Senior Member
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    Quote Originally Posted by doodah97203 View Post
    i didnt know about the lawsuit till after the fact
    And from your original post....
    "I was informed by my my ex step daughter that someone is trying to sue me".

    So, which version do you want us to believe??
  5. #5
    doodah97203 is offline Junior Member
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    "According to my daughter (she just told me about this according to her its been a few weeks since this happened) they have been trying to serve me for a few months and finaly just left summons on the door of the exwifes house."


    ok what part of this is not understandable ?
    I haven't had any contact in 2 yrs she contacted me to tell me about her baby she just had and we talked and caught up a bit . She brought up the fact someone was trying to serve me papers at the ex house and finally left a summons on the ex door a few weeks ago.
    So how could I possibly know I was being sued when I didnt know about it till after a few weeks after the fact .
  6. #6
    Tania123 is offline Member
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    Properly summons

    I am not an attorney, but I've been involved in lawsuits, and in IL, its very important to be served properly, and that means, either hand delivered, or something sent certified mail, where there is proof that someone signed for it.

    Leaving something at the door would not constitute being properly served. In Il, its up to the plaintiff to find out where the defendent lives, hire a detective, or whatever, and to send the letter to where the person actually lives.

    You being on the road, and having a valid purpose for not being at a residence you do not even live at, would not hold up here.

    Obviously, whoever is trying to sue you knows this, which is why they came back several times, right? Why did nt they just leave the letter on the doorstep in the first place?

    In IL, the plaintiff would have somehow have to PROVE that you received the summons and that would be impossible, because guess what, YOU DIDNT!!!!!

    My thing is, how is a default judgement even entered when there is no PROOF of defendent being properly served.

    Yes, I understand that its unlawful to purposely ditch a summons, but thats a harder to case to prove I think. So what the step daughter mentioned something, what does she know? Trying to figure something out over the phone from a third party is a lesson in futility, especially legal matters.

    In IL, this would not hold up.
  7. #7
    JETX is offline Senior Member
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    Quote Originally Posted by Tania123 View Post
    I am not an attorney, but I've been involved in lawsuits, and in IL, its very important to be served properly, and that means, either hand delivered, or something sent certified mail, where there is proof that someone signed for it.
    Great!!! Now we only have to get the OP to move to ILLINOIS... so that your post has any relevance!!!
  8. #8
    Ronin is offline Member
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    Ignorance of the fact that a party one is attempting to serve no longer resides in the state, does not mean it is OK to drop the summons at the doorstep of their last known address, and claim "in state" rules apply.

    If the party to be served is indeed a resident of another state, then out-of-state rules, whatever they may be, will apply.

    Knowlege of a suit in and of itself does not waive service. What can waive service is the defendant filing an answer to the suit, or making an appearance in court.

    But all these arguments are generally moot, since improper service is a curabale defect, and does not make a lawsuit go away... with an exception of running up against a statute of limitations.

    So if OP ignores this lawsuit and has a judgment rendered against him, he will have to go to the hassle and expense of trying to void this based upon claims of improper service. Assuming he is actually successful in overturning the judgment, whoever sued him in the first place can then turn right around and properly serve him and refile the lawsuit.
  9. #9
    Tania123 is offline Member
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    wow!

    Wow!! Such attitude... yes, the post has relevence, and if you do not agree, well, its all relative, but in my opinion, because it gives the idea of looking into the same types of issues in the applicable state, for that issue alone, its revelent. I read the original posts, and the questions did not seemed answered.

    There are also jurisdiction issues. The guy does not live there..
  10. #10
    Tania123 is offline Member
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    My reply was to JETX, I see now see the Ronin answered the question with more clarity.
  11. #11
    Tania123 is offline Member
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    This is just something I am noticing with legal boards in general (including this one) . I seem to notice moderators and seniors dispelling advice that is just not accurate to the persons disadvantage. I mean, I understand.. I guess its not in good conscience to help out someone that is trying to do something not appropriate, but the law is the law.

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