how does process serving work?

[adviceindc]

What is the name of your state? Washington DC

My girlfriend is being sued by her ex-boyfriend. We only found out about the lawsuit because the court garnished our joint bank account. She said she never received notice of a court date or statement of claims. We went to the court the other day, and the summons was sent to her work address and the only evidence it was received in the building was a company stamp (no signature and no evidence it ever reached her, which it didn't) and her ex had gone into her job the threw an envelope down on the floor and walked out. Another employee picked it up and threw it out, she never looked at it (it was a bad parting and she didn't want to have anything to do with him). Was she properly served? I can't find any information about process serving having to be handed to the individual or signed for by someone, but my limited knowledge of the law suggests that they would. Does any have any information about process serving that could help us?

If she wasn't properly served, we feel we definitely have a good case for a motion to vacate the judgement.

Thanks!

 

[Happy Trails]

What is the name of your state? Washington DC

My girlfriend is being sued by her ex-boyfriend. We only found out about the lawsuit because the court garnished our joint bank account. She said she never received notice of a court date or statement of claims. We went to the court the other day, and the summons was sent to her work address and the only evidence it was received in the building was a company stamp (no signature and no evidence it ever reached her, which it didn't) and her ex had gone into her job the threw an envelope down on the floor and walked out. Another employee picked it up and threw it out, she never looked at it (it was a bad parting and she didn't want to have anything to do with him). Was she properly served? I can't find any information about process serving having to be handed to the individual or signed for by someone, but my limited knowledge of the law suggests that they would. Does any have any information about process serving that could help us?

If she wasn't properly served, we feel we definitely have a good case for a motion to vacate the judgement.

Thanks!

Info. from: http://www.dccourts.gov/dccourts/superior/civil/small_claims_faq.jsp#14

16. How will the other party be notified that a claim has been filed against them?
In Small Claims Court, there are two ways to notify the person being sued: certified mail or a process server. If the party chooses to use the clerk for certified mail service, then the Court notifies the defendant. If the party chooses a special process server, then the filing party is responsible for making service. A process server is someone that you, not the clerk, hire for a fee to serve your claim. A process server can also be someone you know who is 18 years or older, who lives or works in the District of Columbia, and who has nothing at all to do with the case. Your process server will have to fill out an affidavit, which will be provided by the clerk, and have it notarized. The affidavit must be returned no later than two business days before the court date.

 

[badapple40]

File a motion to set aside judgment. Attach an affidavit. In the affidavit, your girlfriend will do the following:

1. State the affidavit is made on personal knowledge, that she has knowledge over the facts stated in the affidavit, and that she is over the age of 18.

2. State that she never received service of process, that service was never made upon her home address, that the ex boyfriend had knowledge of her home address, and failed to properly serve her.

3. That, after receiving garnishment notices, she immediately and dilegently began to investigate the circumstances of the judgment. She discovered that the Plaintiff had served her place of business, that an employee, who was not her, received the summons, and had misplaced the summons and never delivered it to her.

4. That she denies any of the claims made in the Plaintiff's complaint and has a meritorious defense to the suit.

then she'll sign it and get it notarized.

Then you will draft a motion. The motion will be a motion to set aside judgment with affidavit of X attached.

You will state that the motion is timely made, that there is excusable neglect, in that she never received notice of the suit, her due process rights were violated because she never received notice of the action, that this was due to improper service on the part of Plaintiff, and that she has a meritorious defense. Tell the court an affidavit in support is attached.

You'll sign the motion, attach the affidavit, serve it in court.

If the court does not set aside the judgment, appeal.