I don't think I said everyone should hire me. I offer this alternative because so many people come in to see us with default judgments. That's the biggest danger is getting a default judgment. If you can avoid that, the lawsuit can be handled. But either way is fine -- I was simply answering the question of what do we recommend to our clients.
If you're an adult and you don't face your problems head on maybe you should go back and live with your parents. If process can't be served then they could do it through other ways like email and mail it's called alternative service. So man up and just face it head on
If you avoid service, a lot of courts will allow the documents to be posted at the courthouse and they will consider that the serve. The case will go on without you and you'll lose the case.
this legal advice is sort of right, but if you genuinely are not home, and process server tells the court you are, and you get a default judgment against you, go after all of them for fraud on the court. Take very penny the process server has, take every penny his employing lawyer has, and slam them.
That's true -- but they often will follow you home and watch your house. And even if they don't they may lie to the court and say they did. Then you have to "prove a negative" -- prove you weren't doing that. I see so many people get burned with this -- that's why I think it is often best to just respond to the lawsuit. In a debt collection lawsuit we intend on winning anyway so it is to our advantage to get to trial earlier rather later. Thanks for your comment. John
These days everyone has a cell phone with a camera. If the server can't provide video evidence, their word should mean nothing. After all, they have a financial incentive to lie.
@@DonnyNoMarie Exactly, they should record if they see you through the blinds or close a side door. Just b/c your car is outside doesn't prove you're actually home.
Throughout the door bell speaker, They answered the Sheriff's door bell ring and the Sheriff identify himself but no one opened the door. Were they served?
In Louisiana, if you dodge it long enough, the judge will appoint a random attorney as a "curator ad hoc" to represent you, and when that attorney gets served, it is treated as service on you. If it is a corporation (meaning its registered agent) is dodging service, the back up is that the secretary of state becomes the agent by operation of law. Scary stupid to dodge process servers in Louisiana.
David -- I did not know that. That's pretty wild! Yes a great reason not to dodge service. Good info to know. I just sued a collector in LA so I'll check this out if they dodge service. ;) John
Louisiana sucks! In Arizona I never answered the door. They tried to mail it to me but I wrote on the mail: "Does not live here," and I dropped it off at the Post Office and told them this person does not live here. It all went away. That was ten years ago.
I had someone a few years ago knock on the door when I lived in Littleton, CO, and the neighbor tried to engage with him, but the man kept on knocking on our door, and we either weren't home or I was sleeping, and one day, I heard a knock but kept on coloring. The Man ignored the neighbor. I know my mom and I pay our bills on time. Do you think this person was a process server? My neighbor saw papers under his arm, and she saw him in a dark SUV. These were condos we lived in. We got mail for someone else about property taxes that no longer lived at the property. My brother moved out a few years before this happened, and he was in trouble financially. Please advise.
It may have been a process server for your brother or they may have been trying to serve a neighbor by giving it to you. (That would not be good service in AL but servers do try and do this from time to time). Its best to keep a good eye out for anything unusual -- letters from lawyers, odd phone calls, etc. And if in doubt contact court or local lawyer to have them see if there is a lawsuit. Best wishes John
Be careful as many states allow you to be deemed served without getting the papers. Sheriff can say you are avoiding or you can be "served" by a notice in the newspaper that you never receive etc. Comes down to your strategy. We like these cases as the quicker we get to court the quicker our client gets a ruling they don't owe the debt. Other strategies are to delay as long as possible dealing with the suit. Each approach has pros and cons so research and figure out what is best for you. John
Why am I STILL required to go to court, if I was told that no further action is required? I got beat up by a homeless lady a couple of months ago. An Assistant State Attorney called me & asked me to tell her what happened, & she kept trying to convince me to continue with the charges when I was trying to drop them. She told me that no further action was needed. Then, on Monday an investigator, who didn't even initially introduce herself, hunted me down & found my exact hotel room, & gave me a subpoena for January 4, that says that if I don't call over the phone, then I'll have to go to jail for contempt of court. I don't know much about the law, & I'm disabled. Please give me some advice & help me out. I am losing sleep because of this.
That's criminal law and I don't practice in that area of the law. If you were served a subpoena, you have to show up unless you can fight the subpoena. Since your court is tomorrow, my suggestion is find a criminal lawyer today or show up and see what the judge says. Sorry I can't help you -- that's a whole different world than I practice in.... John
Wrong advice. I just dodged the process server and Las Vegas Nevada funding dropped the case citing the reason that they were not able to serve me. I'm still getting sued by others and I don't think I will get as lucky but it does work some of the time. There is no advantage to accepting the papers at all unless you plan on going to court.
Tom, Thank you for your comment and glad it worked for you. From my vantage point, I see so many folks take this approach, and they are served and don't know it. (For example, it is given to an adult living with you who throws it away or forgets to tell you. You are served under rules in Alabama). Since they don't know, they don't answer. Since don't answer, they get a default judgment. Time to challenge it passes, and they find out about this when their bank account is wiped out in a garnishment or their house is up for sale in a sheriff's sale. So the strategy you used can work but it has dangers. Everyone who represents themselves must decide and weigh the risks. If you don't respond to the lawsuit and wait till served, you have to make sure the court (rightly or wrongly) does not believe you have been served. I've seen people who do nothing and then are shocked two years later to find out they were served. Gotta keep up with this and make sure. Either approach can work and either approach has negatives -- glad you got the benefit with the way you did it. Thanks for your comment and sharing your experience. John Watts
Tom Box Mean time, the interests accrues, process server and court fees pile up, and the court's patience runs out. The longer you evade service, the bigger the debt becomes. If you have other law suits, file bankruptcy. You are really hurting yourself.
Great logical advice. It is true being already stressed from the actual situation we all tend to not want to face more stressing factors like being served. Thank you
Dave, Was your first case dismissed WITH or WithOUT prejudice? Here's what I would do if in your shoes. First step is find a TX lawyer -- www.consumeradvocates.org/find-an-attorney Second step is to make sure you know how long you have to respond to the lawsuit. Third step is figure out your options: Fight it? Settle it? Handle on your own or with a lawyer? File bankruptcy? Wish I could help more but not licensed in Texas. Best wishes! John Watts
I'm a process server in Texas. I enjoy doing the work, but I have had a gun pulled on me and even someone who came after me in his driveway threatening to kill me. Don't do that! The process server just needs to verify that you're the name on the citation or petition, hand you the papers and leave. Most of the time we don't even read the contents of the papers were serving. Their job is to just get in and out as quickly as possible.
Return what? The summons? Normally you will be handed the lawsuit papers (complaint and summons) and there is nothing to sign or return. You are served and the clock starts ticking. On certified mail if you don't agree to sign it depends on your state rules whether that is good service. Normally what happens is they then serve you by publication which means a small notice in a newspaper and that is considered service. Definitely check out your rules for your state. Best wishes John
They've already been sued. Now the question is when will they get served. My philosophy is we welcome the lawsuit and we are eager to get to trial to beat these guys as so many good things happen when we beat the collector at trial. It is definitely a minority view -- almost all lawyers would say dodge service as long as you can. I think that's a mistake but the great thing about this country is we can have different view points and opinions. And you as a consumer can decide for YOU which is the best approach. Thanks for your comment John
They get posted in the court house or in the news paper. If the papers can't find you, it's up to you to find them because they have to make several attempts at multiple times on different days. Odds are you know what is written on them.
I wasn't even surve papers guy came asked my roommate is Chris here please give him these when you see him. So It has a court date already on for the dept from PayPal i missed 4 payments being on SSI i have cerbal palsy i dont get enough from my check PayPal didnt even send me anything about the debt to be collected or help me pay it off it went right to a debt collector. Im confused on what to do here im also homebound. Any help would be appreciated
Dont know how I got here but this dude is totally right with his approach on the matter. The more time you have the better chances you get. Plus you will NEVER escape the law.
Joseph, Try this -- www.consumeradvocates.org/find-an-attorney -- I don't know anyone specifically there in your area but this should give you a good starting point. Hope that helps! John Watts
Well said. Usually, you are just prolonging it and it is best to get it over with. If you believe you can beat this, then why delay? But everyone has to consider their own situation and make their own decision. Thanks for your comments about how this works in Texas. John Watts
You have to check your state -- typically it is Rule of Civil Procedure 4. Alabama, for example, says: (1) INDIVIDUAL. Upon an individual, other than a minor or an incompetent person, by serving the individual or by leaving a copy of the summons and the complaint at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and the complaint to an agent authorized by appointment or by law to receive service of process; So the question would be if your 13 year old is "of suitable age and discretion". Personally I don't fight service unless a judgment -- so if someone does even a lousy job of service, we respond to the lawsuit because we want to get to trial as quickly as possible. Hope that helps! John PS -- here is the Alabama rule -- judicial.alabama.gov/docs/library/rules/cv4.pdf
Sue you to get a judgment. Then with the judgment (depending on your state law) garnish wages or bank accounts and seize property. If you have no property (personal or real) and you are only drawing social security, then they can't get anything. But they will have a judgment. Maybe you get better or inherit money or marry someone rich. :) The point is they will wait because they have already spent the money to file the case so they figure might as well get a judgment and maybe 10 or 20 years from now they can collect. Judgments in Alabama can double every 6 years (or quicker) so you can see how a $5,000 judgment can balloon into a monster amount in 15-20 years. Best wishes and thanks for your question! John
David, Thanks for your comment and thoughts. In the video, I said there is the traditional view which is to not take the papers. My view is different. Certainly, every situation is different but having had people come to me who were served years after being sued or who unknowingly had judgments from a "bogus" service years ago, I would rather folks at least consider confronting this head on. But you are absolutely right that every case is different and I do appreciate your viewpoint and sharing that with everyone. Thanks! John Watts
What if the process server served the complaint papers at an old address to an unknown person. I used to live there and had moved out long before the accident had happened. Process server went there and said he served an unknown john doe who refused to give his name. When I had moved out of that apartment a long time ago , the leasing company had a change of occupancy form with my signature on it notifying that i had moved out of there. It also has the sign of the leasing company manager. It clearly has a date that I moved out of there. Can I use this proof to tell the court if the plaintiff chooses to file a default against me?
Yes I would use that proof. Basic concept is to prove to the court it could NOT have been you. So your papers when the lease ended. Your new lease or home you purchased. Utilities -- insurance statements -- bank statements -- anything showing when you left that old address. Your own affidavit (sworn statement) on all of this. Now you certainly have to follow the rules -- in Alabama it is the Rules of Civil Procedure -- but the above and what you wrote is the basic idea. Now having said all of this -- when you know the Plaintiff thinks you have been served, I think it is dangerous to sit back and wait to attack the judgment later. Much better strategy, at least for my clients here, is to go ahead and respond to the lawsuit. Be on the offensive, instead of waiting for something bad to happen. Because a judge could (rightly or wrongly) decide you were served. Or you waited too long to challenge knowing there was a problem. Whichever way you go I wish you only the best! John Watts
karankenZ You file a motion to quash service with supported documents. It is an invalid service. However, make sure you did submit a change of address to the post office, verifying that you did move. If you moved, but never declared a change of address, service maybe valid, because the place you moved is still your mailing address.
You have a adverse claim to the proceeds ppl go READ 3-105 ucc they are making you pay their taxes so its a tax bill! They did the taxes behind your back and made you liable so ask for your money from the proceed from your investments and watch them run yall both have a claim to the instrument.
That's one approach -- I've never seen that work in Alabama but I have seen lots of people with judgments who tried this. So whatever action someone who is being sued takes, make sure you are confident it will work for you. Best wishes John
@@johngwatts yes John a debt collector has no standing nor do they have the original contract 3-501 states they must produce the original contract and under 3-308 I always deny the authenticity of the signature because it is forged! If there is no contract there is no case I also challenge the debt under 31 usc 5118 and article 1 section 10 and fair debt collections practices act 1692g. They have no authority to make a presentment on behalf of someone else. Therefore a loan is not a loan it is an investment contract governed by article 8. They owe the people and not the other way around. 4a-104 the people are the originator of the first funds. People have rights to the proceeds under 3-305 and 3-306. I know what they are really doing and its called securitization and more. They never have a claim if people dont consent. Thanks!
It is a suggestion I made because I have seen too many people dodge service and then the court believes (wrongfully) they have been served. So they get a judgment and by the time they get to a lawyer it is too late. Or the judge allows "service by publication" which is a joke -- an ad is put in the newspaper that nobody sees and then a default judgment happens. So yes I advise my clients to accept service and face the issue head on -- if a debt collector is suing you then you have a good chance to beat the lawsuit anyway. But if someone chooses not to accept service, they have to keep an eye on the court file to make sure they don't lose by default judgment. Happens all the time in Alabama. John Watts
Of course the lawyer will say hire a lawyer and face it head on
I don't think I said everyone should hire me. I offer this alternative because so many people come in to see us with default judgments.
That's the biggest danger is getting a default judgment. If you can avoid that, the lawsuit can be handled.
But either way is fine -- I was simply answering the question of what do we recommend to our clients.
If you're an adult and you don't face your problems head on maybe you should go back and live with your parents. If process can't be served then they could do it through other ways like email and mail it's called alternative service. So man up and just face it head on
Even worst Judges are also scum bag lawyers extremely prejudice against ProSe litigants
Of course a lawayer will say that: he makes his money as long as your ass is in the system! FUCK HIM!!!
If you avoid service, a lot of courts will allow the documents to be posted at the courthouse and they will consider that the serve. The case will go on without you and you'll lose the case.
this legal advice is sort of right, but if you genuinely are not home, and process server tells the court you are, and you get a default judgment against you, go after all of them for fraud on the court. Take very penny the process server has, take every penny his employing lawyer has, and slam them.
If the server can't see you in the house then they don't know if you're hiding.
That's true -- but they often will follow you home and watch your house. And even if they don't they may lie to the court and say they did. Then you have to "prove a negative" -- prove you weren't doing that.
I see so many people get burned with this -- that's why I think it is often best to just respond to the lawsuit. In a debt collection lawsuit we intend on winning anyway so it is to our advantage to get to trial earlier rather later.
Thanks for your comment.
John
These days everyone has a cell phone with a camera. If the server can't provide video evidence, their word should mean nothing. After all, they have a financial incentive to lie.
@@DonnyNoMarie Exactly, they should record if they see you through the blinds or close a side door. Just b/c your car is outside doesn't prove you're actually home.
Throughout the door bell speaker, They answered the Sheriff's door bell ring and the Sheriff identify himself but no one opened the door. Were they served?
@@DonnyNoMarie That's exactly what I was thinking. Why does the server's word mean anything without proof?
In Louisiana, if you dodge it long enough, the judge will appoint a random attorney as a "curator ad hoc" to represent you, and when that attorney gets served, it is treated as service on you. If it is a corporation (meaning its registered agent) is dodging service, the back up is that the secretary of state becomes the agent by operation of law. Scary stupid to dodge process servers in Louisiana.
David -- I did not know that. That's pretty wild! Yes a great reason not to dodge service. Good info to know. I just sued a collector in LA so I'll check this out if they dodge service. ;)
John
Wow!!! Really? We need that law in Virginia!!!!!
Louisiana sucks! In Arizona I never answered the door. They tried to mail it to me but I wrote on the mail: "Does not live here," and I dropped it off at the Post Office and told them this person does not live here. It all went away. That was ten years ago.
I had someone a few years ago knock on the door when I lived in Littleton, CO, and the neighbor tried to engage with him, but the man kept on knocking on our door, and we either weren't home or I was sleeping, and one day, I heard a knock but kept on coloring. The Man ignored the neighbor. I know my mom and I pay our bills on time. Do you think this person was a process server? My neighbor saw papers under his arm, and she saw him in a dark SUV. These were condos we lived in. We got mail for someone else about property taxes that no longer lived at the property. My brother moved out a few years before this happened, and he was in trouble financially. Please advise.
It may have been a process server for your brother or they may have been trying to serve a neighbor by giving it to you. (That would not be good service in AL but servers do try and do this from time to time).
Its best to keep a good eye out for anything unusual -- letters from lawyers, odd phone calls, etc. And if in doubt contact court or local lawyer to have them see if there is a lawsuit.
Best wishes
John
Don't ever answer the door; they have to go away. If they don't serve you, you remain free. At least it works this way in Arizona. Yea, baby!!!
@@ThyShaltNotSufferAWitch2livecourt proceeeds without ya lol. watch ur wages being garnished
I avoided an Summons for 4 months so far, Sheriff keeps coming, I’m not answering.. Don’t answer the door people..
Be careful as many states allow you to be deemed served without getting the papers. Sheriff can say you are avoiding or you can be "served" by a notice in the newspaper that you never receive etc.
Comes down to your strategy. We like these cases as the quicker we get to court the quicker our client gets a ruling they don't owe the debt.
Other strategies are to delay as long as possible dealing with the suit.
Each approach has pros and cons so research and figure out what is best for you.
John
Why am I STILL required to go to court, if I was told that no further action is required?
I got beat up by a homeless lady a couple of months ago. An Assistant State Attorney called me & asked me to tell her what happened, & she kept trying to convince me to continue with the charges when I was trying to drop them. She told me that no further action was needed.
Then, on Monday an investigator, who didn't even initially introduce herself, hunted me down & found my exact hotel room, & gave me a subpoena for January 4, that says that if I don't call over the phone, then I'll have to go to jail for contempt of court.
I don't know much about the law, & I'm disabled.
Please give me some advice & help me out. I am losing sleep because of this.
That's criminal law and I don't practice in that area of the law. If you were served a subpoena, you have to show up unless you can fight the subpoena. Since your court is tomorrow, my suggestion is find a criminal lawyer today or show up and see what the judge says. Sorry I can't help you -- that's a whole different world than I practice in....
John
@@johngwatts OK. Thank you.
Wrong advice. I just dodged the process server and Las Vegas Nevada funding dropped the case citing the reason that they were not able to serve me. I'm still getting sued by others and I don't think I will get as lucky but it does work some of the time. There is no advantage to accepting the papers at all unless you plan on going to court.
Tom,
Thank you for your comment and glad it worked for you.
From my vantage point, I see so many folks take this approach, and they are served and don't know it. (For example, it is given to an adult living with you who throws it away or forgets to tell you. You are served under rules in Alabama).
Since they don't know, they don't answer.
Since don't answer, they get a default judgment.
Time to challenge it passes, and they find out about this when their bank account is wiped out in a garnishment or their house is up for sale in a sheriff's sale.
So the strategy you used can work but it has dangers. Everyone who represents themselves must decide and weigh the risks.
If you don't respond to the lawsuit and wait till served, you have to make sure the court (rightly or wrongly) does not believe you have been served.
I've seen people who do nothing and then are shocked two years later to find out they were served. Gotta keep up with this and make sure.
Either approach can work and either approach has negatives -- glad you got the benefit with the way you did it.
Thanks for your comment and sharing your experience.
John Watts
Tom Box Mean time, the interests accrues, process server and court fees pile up, and the court's patience runs out. The longer you evade service, the bigger the debt becomes. If you have other law suits, file bankruptcy. You are really hurting yourself.
Well the other side to that argument is the harder is for the process server to serve you the more it will cost you ultimately.
Great logical advice. It is true being already stressed from the actual situation we all tend to not want to face more stressing factors like being served. Thank you
You are very welcome!
I live in Texas and no one wants to help me. My case was closed because they failed to show up to court and they are trying to sue me again.
Dave,
Was your first case dismissed WITH or WithOUT prejudice?
Here's what I would do if in your shoes.
First step is find a TX lawyer -- www.consumeradvocates.org/find-an-attorney
Second step is to make sure you know how long you have to respond to the lawsuit.
Third step is figure out your options:
Fight it?
Settle it?
Handle on your own or with a lawyer?
File bankruptcy?
Wish I could help more but not licensed in Texas.
Best wishes!
John Watts
I'm a process server in Texas. I enjoy doing the work, but I have had a gun pulled on me and even someone who came after me in his driveway threatening to kill me.
Don't do that! The process server just needs to verify that you're the name on the citation or petition, hand you the papers and leave. Most of the time we don't even read the contents of the papers were serving. Their job is to just get in and out as quickly as possible.
So just don’t tell the server who I am then. Got it!
@miguelrobb5719 that's preferable to death threats
Thank you for sharing. Does this apply in England / United Kingdom?
What if you don't sign and return the papers unsigned with no return address?
Return what? The summons?
Normally you will be handed the lawsuit papers (complaint and summons) and there is nothing to sign or return. You are served and the clock starts ticking.
On certified mail if you don't agree to sign it depends on your state rules whether that is good service. Normally what happens is they then serve you by publication which means a small notice in a newspaper and that is considered service.
Definitely check out your rules for your state.
Best wishes
John
Yeah you're saying this cuz you are a lawyer and you want them to get sued
They've already been sued. Now the question is when will they get served. My philosophy is we welcome the lawsuit and we are eager to get to trial to beat these guys as so many good things happen when we beat the collector at trial.
It is definitely a minority view -- almost all lawyers would say dodge service as long as you can. I think that's a mistake but the great thing about this country is we can have different view points and opinions.
And you as a consumer can decide for YOU which is the best approach.
Thanks for your comment
John
What if I get served the wrong papers !Can I take those papers to court?
What to do when process server looking for previous tenant?
What happens if you never receive your court papers? Or they sent them somewhere else and you find out why too late to respond?
They get posted in the court house or in the news paper. If the papers can't find you, it's up to you to find them because they have to make several attempts at multiple times on different days. Odds are you know what is written on them.
@@SCIFIguy64 How many people randomly go in court houses just in case someone might serve them? Also who gets newspapers anymore?
@@dianecelento4974exactly
I wasn't even surve papers guy came asked my roommate is Chris here please give him these when you see him. So It has a court date already on for the dept from PayPal i missed 4 payments being on SSI i have cerbal palsy i dont get enough from my check PayPal didnt even send me anything about the debt to be collected or help me pay it off it went right to a debt collector. Im confused on what to do here im also homebound. Any help would be appreciated
Hey, Do you work with people who are not in Alabama? I'm in AR Thanks
Dont know how I got here but this dude is totally right with his approach on the matter. The more time you have the better chances you get. Plus you will NEVER escape the law.
Are there any consumer lawyers in Texas (Dallas, Ft Worth) that you would recommend?
Joseph,
Try this -- www.consumeradvocates.org/find-an-attorney -- I don't know anyone specifically there in your area but this should give you a good starting point.
Hope that helps!
John Watts
In Texas you have the right to refuse, but in the end it only looks bad on the defendant and he still ends up in court in the end.
Well said. Usually, you are just prolonging it and it is best to get it over with.
If you believe you can beat this, then why delay?
But everyone has to consider their own situation and make their own decision.
Thanks for your comments about how this works in Texas.
John Watts
What happens when they serve a minor? My little brother opened the door and he served a minor my brother is 13 and the court papers are for my tio
You have to check your state -- typically it is Rule of Civil Procedure 4. Alabama, for example, says:
(1) INDIVIDUAL. Upon an individual, other than a minor or an incompetent
person, by serving the individual or by leaving a copy of the summons and the
complaint at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and the complaint to an agent authorized by appointment or by law to receive service of process;
So the question would be if your 13 year old is "of suitable age and discretion".
Personally I don't fight service unless a judgment -- so if someone does even a lousy job of service, we respond to the lawsuit because we want to get to trial as quickly as possible.
Hope that helps!
John
PS -- here is the Alabama rule -- judicial.alabama.gov/docs/library/rules/cv4.pdf
what can they sue you for if you have literally nothing?
Sue you to get a judgment. Then with the judgment (depending on your state law) garnish wages or bank accounts and seize property. If you have no property (personal or real) and you are only drawing social security, then they can't get anything.
But they will have a judgment.
Maybe you get better or inherit money or marry someone rich. :) The point is they will wait because they have already spent the money to file the case so they figure might as well get a judgment and maybe 10 or 20 years from now they can collect.
Judgments in Alabama can double every 6 years (or quicker) so you can see how a $5,000 judgment can balloon into a monster amount in 15-20 years.
Best wishes and thanks for your question!
John
Whether it's good to accept process immediately depends on the needs of the case. It is foolish to always apply this blanket rule.
David,
Thanks for your comment and thoughts.
In the video, I said there is the traditional view which is to not take the papers. My view is different.
Certainly, every situation is different but having had people come to me who were served years after being sued or who unknowingly had judgments from a "bogus" service years ago, I would rather folks at least consider confronting this head on.
But you are absolutely right that every case is different and I do appreciate your viewpoint and sharing that with everyone.
Thanks!
John Watts
Oh, they can claim service without evidence?
What if the process server served the complaint papers at an old address to an unknown person.
I used to live there and had moved out long before the accident had happened.
Process server went there and said he served an unknown john doe who refused to give his name.
When I had moved out of that apartment a long time ago , the leasing company had a change of occupancy form with my signature on it notifying that i had moved out of there. It also has the sign of the leasing company manager. It clearly has a date that I moved out of there.
Can I use this proof to tell the court if the plaintiff chooses to file a default against me?
Yes I would use that proof. Basic concept is to prove to the court it could NOT have been you.
So your papers when the lease ended.
Your new lease or home you purchased.
Utilities -- insurance statements -- bank statements -- anything showing when you left that old address.
Your own affidavit (sworn statement) on all of this.
Now you certainly have to follow the rules -- in Alabama it is the Rules of Civil Procedure -- but the above and what you wrote is the basic idea.
Now having said all of this -- when you know the Plaintiff thinks you have been served, I think it is dangerous to sit back and wait to attack the judgment later. Much better strategy, at least for my clients here, is to go ahead and respond to the lawsuit. Be on the offensive, instead of waiting for something bad to happen.
Because a judge could (rightly or wrongly) decide you were served. Or you waited too long to challenge knowing there was a problem.
Whichever way you go I wish you only the best!
John Watts
karankenZ You file a motion to quash service with supported documents. It is an invalid service. However, make sure you did submit a change of address to the post office, verifying that you did move. If you moved, but never declared a change of address, service maybe valid, because the place you moved is still your mailing address.
You have a adverse claim to the proceeds ppl go READ 3-105 ucc they are making you pay their taxes so its a tax bill! They did the taxes behind your back and made you liable so ask for your money from the proceed from your investments and watch them run yall both have a claim to the instrument.
That's one approach -- I've never seen that work in Alabama but I have seen lots of people with judgments who tried this.
So whatever action someone who is being sued takes, make sure you are confident it will work for you.
Best wishes
John
@@johngwatts yes John a debt collector has no standing nor do they have the original contract 3-501 states they must produce the original contract and under 3-308 I always deny the authenticity of the signature because it is forged! If there is no contract there is no case I also challenge the debt under 31 usc 5118 and article 1 section 10 and fair debt collections practices act 1692g. They have no authority to make a presentment on behalf of someone else. Therefore a loan is not a loan it is an investment contract governed by article 8. They owe the people and not the other way around. 4a-104 the people are the originator of the first funds. People have rights to the proceeds under 3-305 and 3-306. I know what they are really doing and its called securitization and more. They never have a claim if people dont consent. Thanks!
He said Alabama?
I practice in Alabama -- not sure what I said. :)
@@johngwatts You typed/wrote it; not said. =]
Thank you for the video.
I got proof i wasn't seeved on my door ring camera,,,he just taped it on door ,,,uncovered any one could've read it ,this has to illegal 😮😮😮
Hey you did well I committed on an individual who didn’t hear you say Alabama! 👍
unless you're the king of the texas police - -then the courts say oh yeah you can run away no big deal here.
THIS ATTY Wants you to accept the papers and belittles you saying that you hide in the closet...
It is a suggestion I made because I have seen too many people dodge service and then the court believes (wrongfully) they have been served. So they get a judgment and by the time they get to a lawyer it is too late.
Or the judge allows "service by publication" which is a joke -- an ad is put in the newspaper that nobody sees and then a default judgment happens.
So yes I advise my clients to accept service and face the issue head on -- if a debt collector is suing you then you have a good chance to beat the lawsuit anyway.
But if someone chooses not to accept service, they have to keep an eye on the court file to make sure they don't lose by default judgment. Happens all the time in Alabama.
John Watts
I have been serving for 30 years and I will not be served ! I play both ends... Nobody wants to be served.
@@beachwalker2574 as a process server, why are you opposed to being served?
Billions for the WORLD?
Take care of business before it takes care of you
Thanks m8 needed the info! They were just outside
Commented, oops
:)