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Re: Maybe not correct, but enough to get a default
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Posted by Ladynred
(68.52.43.214) on March 06, 2004 at 16:48:07:
In Reply to: Maybe not correct, but enough to get a default posted by MCM bait on March 06, 2004 at 15:17:52:
On what grounds are you saying this was improper service ?? The law clearly states, in Para. 1, that the summons can be served to ANY person over the age of 18 at the defendents 'usual place of abode'. Now, IF the creditor KNOWS the son's TRUE address, then this could be deemed as improper service - it is NOT his 'natural place of abode'. On the other hand, if the creditor has NO current address for the son, and ONLY has his parents address, then the service IS proper. Happens all the time. The process server was obviously a jerk by throwing the papers in the street, but that doesn't make it improper service. Rusty, your son is foolish to let them get a default judgment against him by ignoring the summons. IF they get the judgment before he files for BK, they WILL be able to force him into court to answer questions about his assets, job, etc. If he ignores THAT, he can be arrested for contempt of court. Further, once the judgment is entered, it will be more work and more money to have the judgment vacated post-discharge.
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