Small Claims Fraud

[computer_guy]

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

What are the actions one should take if small claims are filed against them with false charges and fraudulent activity.

Small claims/Eviction was filed against my friend for a house rental situation 2008 or older, (no backing documents available) 2010 it filed into court and the landlord had the small claims letter sent to the rental address and believe that they were the ones to intercept the letter.

She did not find out about this charge until today, when applying for a new rental, and the judgement was automatically defaulted in favor of the landlord.

Thank you for your advice, and any direction you could point us in.

 

[justalayman]

you need to research the suit to determine if there was proper service. If there was, it would be nearly impossible to vacate the judgment. If there was not proper service, it may be possible to have the judgment vacated.

 

[computer_guy]

I recently filed a small claims suit against a former roommate, what the clerk told me there was, if the letter does not come back with a return to sender it is considered serve.

I don't know if this applies to all states, and only reason I'm stating it. I don't want to seem like I'm questioning you.

And the reason I feel this is fraud, is because 2 years after the fact is when he had the small claims sent to the address he knew for fact she was not at, and an address he had exclusive privileges to.

 

[justalayman]

have you researched the case to determine how it is claimed you were served?

of course, if the summons was sent to your prior address, all you should have to do is prove you were not a resident of the address the summons was sent to.

 

[computer_guy]

The court record events...

1 07-26-2010 Summons and complaint-service by private process
2 07-30-2010 Filing fee paid
3 08-13-2010 Affidavit of service
4 08-17-2010 Return date

Additional Text:

Default Judgment granted in Court by Clerk due to non-appearance by the defendant. Plaintiff/Attorney was present requests eviction action to be dismissed, enter only money judgment. Enter default judgment once Aff of Non-military Service has been filed.

5 08-20-2010 Affidavit of non-military service
6 08-20-2010 Default judgment
7 08-23-2010 Notice of entry of judgment
8 08-23-2010 Order for financial disclosure
9 08-30-2010 Return of unclaimed/undelivered mail service

 

[justalayman]

You need to get a copy of that affidavit of service that was filed on 8/13/2010. That is where whoever served you described how he served you. It will have his name and signature attesting to the truth of the affidavit

 

[Zigner]

...of course, if the summons was sent to your prior address, all you should have to do is prove you were not a resident of the address the summons was sent to.

Not true. The LL would serve at the "last known address." If the (former) tenant didn't notify the LL of a new address, then the "last known address" would be the rental unit.

 

[justalayman]

Not true. The LL would serve at the "last known address." If the (former) tenant didn't notify the LL of a new address, then the "last known address" would be the rental unit.

did you miss the part about the affidavit filed stating OP was served? Now, it might have been a tack and run but OP needs to check that out.

The other thing I have a huge problem with when you and others say things like you are implying here:

the LL knows the OP does not live there so he knows the former tenant cannot be served at his property. So, how do you think a judge would look at the landlord when asked: so, did you know the defendant did not live at that address any longer? Yet you felt that attempting to serve him at an address where you knew he no longer lived somehow should be considered proper service.

Beyond that, a tack and run at the last known address is not proper service if the defendant does not get the summons. It is a rebuttable claim that their was proper service.

Serving a person a summons is a very different issue than playing that same game with sending the tenant a notice of deficiency to meet the legal requirements of sending such a notice.