musicnerd1
Junior Member
What is the name of your state (only U.S. law)? Maryland
I am the plaintiff and had a default judgment entered in my favor on 2/2/15. The defendant who WAS properly served by a hired process server filed a motion to vacate the judgment on the following grounds: "I was not properly served and had no notice of the lawsuit... never received any notice of the case." Despite there currently being an affidavit of service filed with the court, he was granted a hearing set for June 29, 2015.
I am debating having the process server come to testify during the upcoming hearing on this motion. The amount she wants for compensation of time and expenses is more than I want to pay, and I wonder if I'd be fine without her there, given the fact that the defendant would be under oath in court to tell the truth. I am surprised the hearing was granted at all...I don't know what more the court needs beyond the affidavit.
Available evidence:
1. Affidavit of Service
2. Business emails from server showing time and location of completed service and previous service attempts
3. I had a phone conversation with the server herself who told me the defendant became belligerent and tried to chase her with the papers to give them back after he was served (Although, I imagine this would be hearsay evidence if I tried to use it, wouldn't the defendant be compelled to speak truthfully in court about the events surrounding this case?)
Thanks!
I am the plaintiff and had a default judgment entered in my favor on 2/2/15. The defendant who WAS properly served by a hired process server filed a motion to vacate the judgment on the following grounds: "I was not properly served and had no notice of the lawsuit... never received any notice of the case." Despite there currently being an affidavit of service filed with the court, he was granted a hearing set for June 29, 2015.
I am debating having the process server come to testify during the upcoming hearing on this motion. The amount she wants for compensation of time and expenses is more than I want to pay, and I wonder if I'd be fine without her there, given the fact that the defendant would be under oath in court to tell the truth. I am surprised the hearing was granted at all...I don't know what more the court needs beyond the affidavit.
Available evidence:
1. Affidavit of Service
2. Business emails from server showing time and location of completed service and previous service attempts
3. I had a phone conversation with the server herself who told me the defendant became belligerent and tried to chase her with the papers to give them back after he was served (Although, I imagine this would be hearsay evidence if I tried to use it, wouldn't the defendant be compelled to speak truthfully in court about the events surrounding this case?)
Thanks!