The statement referring to the corruption of the MO and Federal court system was NOT, repeat NOT, WhyChat's at all, but part of this Perkel guy's opinions. Guess you should get yourself out of attack mode CAK.

For my 2 cents, from a NON-attorney, I have asked some lawyer friends and their responses were bascially the same as WhyChat's. Nunc Pro Tunc is NOT an effective way to fight a judgment. YOU may have had some success, but the weight of actual LEGAL advice I've found is counter to yours.

The fact remains, getting a judgment vacated on the grounds of improper service is NOT as easy as you (and others) like to make it appear. Service can be affected in many ways, all of them legal. It is NOT limited to personal service, though in most states that is the first and preferred method. The rest are certified mail, 1st class mail, and lastly by publication.

Bottom line, you're going to have to have a very strong case to prove improper service. If you can prove the process server outright LIED about the service on the proof of service form, or that the suing party had you DELIBERATELY served at an improper address (when you KNOW they absolutely have your CORRECT CURRENT address), THEN you have a chance at vacating for improper service. Attacking the court clerk, claiming error, just isn't going to cut it. Lies by a process server is NOT the clerk's error.. all they do is stamp papers and file paperwork, and do NOT have to vouch for the integrity of a process server or the US Postal service is service was by mail !

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