Question about lawsuits

[LH]

Is there anything someone could do if they were served AFTER the the court date has already happened(and there is evidence of if), or are they SOL?

 

[Blieb]

I didn't know this was possible!?!?!?!?

You mean they subpeona'd you after the TRIAL? No way.

Or do you mean you were served to appear at the next hearing?

 

[SirDante]

SOL = Statute of Limitations?

 

[Harvey]

The Statute of Limitations has nothing to do with it. However, if a party is served after the court action, they did not receive due notice. I believe that falls under the Constitutional right of due process of law.

 

[SirDante]

Originally posted by: Harvey
The Statute of Limitations has nothing to do with it. However, if a party is served after the court action, they did not receive due notice. I believe that falls under the Constitutional right of due process of law.

Oh really? Tell me more.

This is a procedural question. F.R.C.P Rule (4)(c) and 28 U.S.C. § 1995, 28 U.S.C. § 1996 govern.

Btw, SOL is law lingo for Statute of Limitations but the SOL LH used was for something different. My understanding of this distinction was indicated by the after my original comment.

 

[LH]

I recieved notice May 16(today) at 2:50pm, the hearing was for May 16 2:30. Bleh they will say its my fault that I wasn't served, and that they tried to serve me on May 8, well the papers say they tried serving May 7, 8 and 9, but they went to my old address knowing full well of my current address. I had no knowledge of any lawsuit till 2:50 today.

If they try to get an abnormally large judgement, Im going to fight it, but if its just the amount they are sueing for, Ill pay it, its not worth fighting over. If they go for what I think they are going for, Im going have to fight it.

 

[dude]

Well, if you weren't served the notices, I don't believe they can try you (depending on the situation you're in). Don't they need signature confirmations or hand delivery notices to be sent to you?

 

[LH]

Well Im not sure, but I thought they needed delivery in person or by certified mail, neither happened. Its over $XXXX if they get a judgment of $XXXXX+ because I had no idea of the lawsuit till after the fact, I will fight it... Ill pay the $XXXX, its not worth the hassel of paying a lawyer which would probably cost more. But $XXXXX+ I cant afford, and its not quite right IMHO...

 

[FettsBabe]

Its sounds as though the county was suing you for something or someone was taking you to court for something. What specifically were you served for and with??? Yes, you can be served after a court date depending on what kind of service it is. Tell me more.

 

[FettsBabe]

It sounds as though you can ask for another hearing. If you are guilty and owe someone money why don't you pay it?????

 

[Frenchie]

If a judgment is entered, you may have a basis for filing a motion to open or strike the judgment.

 

[LH]

It all comes down to the amount of $$. They made 9 claims, 8 are totally false. Im going to go and pay the $XXXX tomorrow morning, but according to the papers if I didnt show up today, they would get a default judgement, and they wants more than $XXXX, they want court fees, lawyer fees and $35 a day interest....

 

[apoppin]

Originally posted by: LH
I recieved notice May 16(today) at 2:50pm, the hearing was for May 16 2:30. Bleh they will say its my fault that I wasn't served, and that they tried to serve me on May 8, well the papers say they tried serving May 7, 8 and 9, but they went to my old address knowing full well of my current address. I had no knowledge of any lawsuit till 2:50 today.

If they try to get an abnormally large judgement, Im going to fight it, but if its just the amount they are sueing for, Ill pay it, its not worth fighting over. If they go for what I think they are going for, Im going have to fight it.

Your fault you weren't served? No way . . . that is the server's problem, not yours. Time travel isn't fully availble to the public yet.

You might be able to set the judgement aside on the basis of improper service. If you can't afford legal advice, visit and "search" a law library to see how to do this. The procedure probably varies from state to state.

Everyone sued has a right to be heard in court . . . you were probably denied that right due to improper service.

DISCLAIMER: THE ABOVE IS NOT LEGAL ADVICE. My suggestion is to get proper legal advice and at the least visit a law library.

 

[tcsenter]

It all comes down to the amount of $$. They made 9 claims, 8 are totally false.

Sounds as though you're talking about a civil lawsuit. Remember, winning a civil judgement, and collecting your judgement, are two TOTALLY different things.

If I lost a civil lawsuit and I disagreed with the judgement on a fundamental level, they would never see one red cent. If they tapped my paycheck, I'd just pick-up and move to a different state. When I got there, I would 'fudge' (transpose) two numbers of my social security number when I found another job, they cannot prove that I intended to use the wrong social security number, it was just an "innocent mistake".

 

[DevilsAdvocate]

Sure. Call a lawyer. Seriously.