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Respondant didn't recieve a summons!

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acreekjumper

Junior Member
What is the name of your state (only U.S. law)? Georgia

Alright, first post!
So, my mother submitted a bill to the estate of my deceased grandparents for bills paid and repairs done to my grandparent home while they were still alive. Everything was itemized and receipts were given, and the estate cut her a check for $7000. My mother lives in New mexico and this was going on in Georgia. My aunt ( an evil person) saw fit to sue my mother for that amount to go back to the estate. My mother 2000 miles away knew nothing about this ( I questioned her repeatedly about it). She and my mother have cell phone, email, and contacts from the post office that prove she was never served. None of that was privileged information, anyone who wanted to could have contacted her.
The judge ruled in my aunts favor since there was no defense.
So.... I'm going to go to the courthouse and obtain a transcript of the proceedings and ask who was the process server. I'm assuming that since mom did not get served, it should be pretty easy to get the decision overturned.
Any thought or advice as to how I should proceed from the community is GREATLY appreciated.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Georgia

Alright, first post!
So, my mother submitted a bill to the estate of my deceased grandparents for bills paid and repairs done to my grandparent home while they were still alive. Everything was itemized and receipts were given, and the estate cut her a check for $7000. My mother lives in New mexico and this was going on in Georgia. My aunt ( an evil person) saw fit to sue my mother for that amount to go back to the estate. My mother 2000 miles away knew nothing about this ( I questioned her repeatedly about it). She and my mother have cell phone, email, and contacts from the post office that prove she was never served. None of that was privileged information, anyone who wanted to could have contacted her.
The judge ruled in my aunts favor since there was no defense.
So.... I'm going to go to the courthouse and obtain a transcript of the proceedings and ask who was the process server. I'm assuming that since mom did not get served, it should be pretty easy to get the decision overturned.
Any thought or advice as to how I should proceed from the community is GREATLY appreciated.
Your mother will need to handle this. There is nothing you can do about this except, perhaps, to help your mother pay for an attorney.


PS: I think aunt is right. How is it now, all of a sudden, that your mom bills the estate for work she was happy to do for free while they were alive?
 

acreekjumper

Junior Member
Woah, Im asking about the legality of mom not recieving a summons. Thats the question. My mother would never have asked for the money from my grandmother while she was alive. These improvments and repairs increased the value of the property, and when sold was divided between the children, and your saying shes not entitled to it? They should get more money from the estate because my mother used her own money to increase the value?
Just want to know about the question of the summons. Thanks again!
 

Zigner

Senior Member, Non-Attorney
Woah, Im asking about the legality of mom not recieving a summons. Thats the question. My mother would never have asked for the money from my grandmother while she was alive. These improvments and repairs increased the value of the property, and when sold was divided between the children, and your saying shes not entitled to it? They should get more money from the estate because my mother used her own money to increase the value?
Just want to know about the question of the summons. Thanks again!
Whoa there -

Did your mom have any sort of agreement with her parents to be reimbursed? If not, then it was a gift. As such, no, she's not entitled to it.
 

acreekjumper

Junior Member
Whoa there -

Did your mom have any sort of agreement with her parents to be reimbursed? If not, then it was a gift. As such, no, she's not entitled to it.
I'm unsure of that, regardless, the estate AND both of the executors agreed that she was entitled to reimbursement, so it is what it is. The judge ruled in favor of my aunt because there was NO defense present. Rulings are almost always in the plaintiffs favor in that situation. Once again, my question is since my mother was not served papers, and can prove it, if it would be overturned because the plaintiff did not attempt to serve papers on the respondent.
 

Zigner

Senior Member, Non-Attorney
I'm unsure of that, regardless, the estate AND both of the executors agreed that she was entitled to reimbursement, so it is what it is. The judge ruled in favor of my aunt because there was NO defense present. Rulings are almost always in the plaintiffs favor in that situation. Once again, my question is since my mother was not served papers, and can prove it, if it would be overturned because the plaintiff did not attempt to serve papers on the respondent.
Your mom may have a shot at having the ruling overturned.
 

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