 Money Judgment (by mike [MI]) Oct 20, 2021 7:41 PM
 Money Judgment (by RTR [AL]) Oct 20, 2021 9:18 PM
Money Judgment (by plenty [MO]) Oct 20, 2021 9:42 PM
Money Judgment (by myob [GA]) Oct 21, 2021 6:46 AM
Money Judgment (by Ray-N-Pa [PA]) Oct 21, 2021 12:56 PM
Money Judgment (by Mike45 [NV]) Oct 21, 2021 3:18 PM
Money Judgment (by mike [MI]) Oct 21, 2021 3:42 PM
Money Judgment (by Pmh [TX]) Oct 21, 2021 4:06 PM
Money Judgment (by myob [GA]) Oct 21, 2021 4:57 PM
Money Judgment (by Vee [OH]) Oct 22, 2021 12:14 PM
Money Judgment (by mike [MI]) Posted on: Oct 20, 2021 7:41 PM
Message:
If the tenant is not personally served when filing for money judgement, but shows up in court or on the zoom call for court appearance, is he/she considered legally served? --99.12.xx.xx |
Money Judgment (by RTR [AL]) Posted on: Oct 20, 2021 9:18 PM
Message:
Know your local judge. My local judge now would say yes because you are here therefore you knew about it about it But he is going to retire at the end of his term next year so who knows what will happen after he retires --99.111.xx.xxx |
Money Judgment (by plenty [MO]) Posted on: Oct 20, 2021 9:42 PM
Message:
How did they know without being served? Did a lawyer represent you, if so ask them and report back. I would think, in my pea brain mind, that if you get a judgment then it wouldn't matter. Unless there is a timeframe they can call for a set aside. --172.58.xxx.xx |
Money Judgment (by myob [GA]) Posted on: Oct 21, 2021 6:46 AM
Message:
Court wants to see a warm body BEFORE A MONEY JUDGMENT IS ENTERED. Personal service is the judge seeing and identifying the person named on the suit. --99.103.xxx.xxx |
Money Judgment (by Ray-N-Pa [PA]) Posted on: Oct 21, 2021 12:56 PM
Message:
I understand the question and the answer is it depends. I have heard the argument about service and it was successful to cause a delay. Normally this successful argument comes from an attorney and not the person receiving the judgement
I have also seen where the local judge said I believe you were served based on you being here. In that case there was no attorney present
--24.101.xxx.xxx |
Money Judgment (by Mike45 [NV]) Posted on: Oct 21, 2021 3:18 PM
Message:
I do not know the laws in your state.
If the defendant physically appears in court at the time of the hearing, that MIGHT constitute a waiver of proper service of the Summons and Complaint. In my experience, it does constitute a waiver and is in itself a "general appearance" unless the unserved defendant tells the court that he is objecting on the basis of non-service.
I have seen an unserved defendant show up and the court reschedule the hearing to allow the unserved (but now appearing) defendant an opportunity to file opposing papers.
--76.4.xxx.xxx |
Money Judgment (by mike [MI]) Posted on: Oct 21, 2021 3:42 PM
Message:
Good news both husband and wife were personally served, one at work and the other at home, next step is court appearance then hopefully judgment, and collecting the money. --99.12.xx.xx |
Money Judgment (by Pmh [TX]) Posted on: Oct 21, 2021 4:06 PM
Message:
regardless if served or not they have right to appear in court. --107.77.xxx.xx |
Money Judgment (by myob [GA]) Posted on: Oct 21, 2021 4:57 PM
Message:
Look when there in the court-- they're- there for a reason-- they were served. (otherwise how would they know to come) Same with an answer-- we love it when they answer and don't show because when they answer they just proved they had notice.
One other step. If you have the address for the individual and send to that address--- even if they don't sign for the letter our judges have said-- you were served and because YOU didn't pick up the certified letter doesn't mean otherwise.
This is one reason we don't avoid certified mail. Our court has said-- it was sent to you and you didn't sign for it after 3 attempts it comes back to the sender. We bring our tenant letter attempts made which the PO people track on the letter. --99.103.xxx.xxx |
Money Judgment (by Vee [OH]) Posted on: Oct 22, 2021 12:14 PM
Message:
If they were not served (common story) when they are in court and sworn in ask the bailiff to again repeat after me --> do you swear that you are -mr tenant? address is? thank the bailiff and your honor, now you have perfected service, proceed to follow the judges lead into your case and request a transcript in the event the tenant still claims no service.. --76.188.xxx.xxx |
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