Re: Motion to Vacate Judgment-Granted, then revoked...

Posted by Lee in California (24.7.166.165) on June 22, 2004 at 21:56:19:

In Reply to: Re: Motion to Vacate Judgment-Granted, then revoked... posted by Why Chat on June 22, 2004 at 17:32:24:

Don't stake everything on "improper service". I was in small claims court (motions session) yesterday. I saw a few cases in which the judge asked about proof of service. If a plaintiff could not produce but the defendant was present, he deemed the defendant served in the courtroom and continued the case to a later date. You'd better have another defense because service issues will likely only delay - not dismiss - the case. The common sense reasoning is that you are present, so you somehow received notice.

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