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setting a default aside (COURTS, LAWYERS & LITIGATION)

Sat, 28 Jun 2008 16:18:00 GMT

California
Last week I received a notice of default. It said I was served a summons in May. I never received the summons. The matter is a aprx. $200,000 construction contract dispute. I referred the matter to an attorney. He says if the licensed process server signs that you were served, most judges will believe him over me. He said right or wrong my attempts to fight it may be fruitless.
I find that hard to believe.
Any opinions
Rick

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  • Sat, 28 Jun 2008 21:12:00 GMT(1)
  • Quote:

    Originally Posted by by b

    If the server says one thing and I say another, In your opinion will the law provide avenues where as such as in the motion process, someone will hear me and prevent an injustice from being served. Or is the process server a god who's word is above all. I hate to think I will lose my home over a process servers word.

    No one is going to GUESS what the answer might be if you are too damn lazy to get the facts first.
  • Sat, 28 Jun 2008 16:30:00 GMT(2)
  • Quote:

    Originally Posted by by b

    Any opinions

    Yep, pretty simple.
    Go to the court and get a copy of the 'certificate of service'. Then take it your attorney and see if the service was valid. If so, then you have little or no chance of setting the judgment aside. If the service was NOT valid, file a motion to dismiss with the court and present your evidence of the bad service.
  • Sat, 28 Jun 2008 17:00:00 GMT(3)
  • If the server says one thing and I say another, In your opinion will the law provide avenues where as such as in the motion process, someone will hear me and prevent an injustice from being served. Or is the process server a god who's word is above all. I hate to think I will lose my home over a process servers word.
  • Leave a Comment Now.

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