Contesting proof of service.
Date: Fri, 12/01/2006 - 09:07
Contesting proof of service.
I previously posted about being sued by a creditor for $6K debt.
How do I contest proof of service?
I am being sued by creditor. Service was improper. They said they gave a copy of the summons to someone over 18 in my household about 2 weeks before I actually got the summons by mail. There is no postmark on the envelope summons came in so I have no way of proving date I received summons.
Does anyone know what happens after I file my answer to the summons in court? I did that today. I know that I am suppose to get someone to serve other party and file that with the court...but what then??
Summons is to be sent in person. Verify the date with the county
Summons is to be sent in person. Verify the date with the county clerk when it was sent. They should be having it in the records. 2 weeks is a big difference.
Question about Proof of service (substitued)
They are saying proof of service is subsituted, which mean they gave it to someone over 18 in my household and then mailed me a copy. They DIDN'T give summons to anyone in my household. They did mail me a copy which I received on Nov. 16th (It said summons was filed on 10/30). They filed the proof of service (substitued) on Nov. 20th. I cannot get a copy of their proof of service from the county clerk because its not on file yet.
Anyhow I filed my answer today Dec. 1st. I think that I responded in time but just wanted to double check with you knowledgeable people.
If someone over 18 receives a legal document on behalf of someon
If someone over 18 receives a legal document on behalf of someone, isn't there be a signature after receiving the packet? The signature can be tracked to prove the real story.