What is the name of your state? Florida
Wife just received notice of default judgement against her in the amount of $4,000 in small claims court. Ouch.
Problem is, she never received any notice of suit. On calling the clerk's office, it turns out the plaintiff named ME to be served rather than her. Fair enough. But rather than serving either of us in Florida, where we are residents, the plaintiff sought to have me served at an address of some property I own in Wisconsin. Even though the plaintiff knows we are Florida residents. Not a problem. The process served he employed provided an affadavit saying that he served a member of my family at the Wisconsin address on my behalf.
Problem is, the property is vacant.
And I don't have family in Wisconsin.
I am told the legal term for this is "sewer service".
So I called the plaintiff's lawyer, and asked him for the name of the company employing the process server. He stonewalled me. I also explained to him that his client was mistakenly suing my wife for another person's debt. He then asked if I would be willing to settle to avoid a lot of legal expense on both sides. I'm not.
I am told I either need to file a "petition to vacate judgement" or a "motion for a new hearing".
Then I want to burn the process server.
Your comments welcome.
Wife just received notice of default judgement against her in the amount of $4,000 in small claims court. Ouch.
Problem is, she never received any notice of suit. On calling the clerk's office, it turns out the plaintiff named ME to be served rather than her. Fair enough. But rather than serving either of us in Florida, where we are residents, the plaintiff sought to have me served at an address of some property I own in Wisconsin. Even though the plaintiff knows we are Florida residents. Not a problem. The process served he employed provided an affadavit saying that he served a member of my family at the Wisconsin address on my behalf.
Problem is, the property is vacant.
And I don't have family in Wisconsin.
I am told the legal term for this is "sewer service".
So I called the plaintiff's lawyer, and asked him for the name of the company employing the process server. He stonewalled me. I also explained to him that his client was mistakenly suing my wife for another person's debt. He then asked if I would be willing to settle to avoid a lot of legal expense on both sides. I'm not.
I am told I either need to file a "petition to vacate judgement" or a "motion for a new hearing".
Then I want to burn the process server.
Your comments welcome.