3 ms·

>If, though, Zavodnik has figured out a way to serve people requests without them actually knowing about it... Well, that seems like a much larger legal loophol

>If, though, Zavodnik has figured out a way to serve people requests without them actually knowing about it... Well, that seems like a much larger legal loophole that needs closing. Not likely the case. The rules of civil procedure establish the various methods of lawful service of process, as a result there are a lot of safe guards. In fact, it is more likely a Plaintiff's lawsuit is dismissed for failing to properly serve the Defendant within the proper amount of time after filing suit than actually collecting on a default judgment where there was improper service of process. In this particular case, if the Defendant can show the Complaint and admissions were improperly served, and the Plaintiff knew or should have known his claims were not supported by fact, he could be sanctioned, including, but not limited to: a) all the legal fees it took the defendant to vacate the default judgment; and b) a dismissal of the plaintiffs lawsuit. >If someone sues you and you don't respond, you risk a default judgment against you. Definitely. Plaintiffs can also establish to the Court the Defendant is actively evading service, but there are many legitimate reasons one can't serve a Defendant. Still, even in the event of defaults the Courts will readily Vacate (set aside) default judgments in circumstances including, but not limited to: 1. improper service; and/or 2. defenses on the merits.

cortesoft 10y ago
I don't know, my buddy works as a Process Server, and I can imagine lots of situations where the person never actually receives the paperwork. He only has to try to serve the papers a few times, and then can leave them. If the defendant were out town for a few weeks, he would never get it. He doesn't have to check ID, so someone could say they were the person, he would hand it over, and be done with it. That person might never hand the papers to the right person. I don't think assuming papers served always get to the right person is a fair assumption.
- will_brown 10y ago
  I think I addressed most of your concerns: > Plaintiffs can also establish to the Court the Defendant is actively evading service, but there are many legitimate reasons one can't serve a Defendant. Still, even in the event of defaults the Courts will readily Vacate (set aside) default judgments in circumstances including, but not limited to: 1. improper service; and/or 2. defenses on the merits. >I don't think assuming papers served always get to the right person is a fair assumption. It is a fair assumption, because that is what the rules require, and your friend or any other process server must sign an affidavit under oath and penalty of perjury for the exact steps they took to serve a party. Now assumptions be damn, you are right service won't always be done properly, but I mention safeguards such as a Motion to Vacate Default Judgments for lack of proper service. >He doesn't have to check ID, so someone could say they were the person, he would hand it over, and be done with it. That person might never hand the papers to the right person. Because you used right person you may or may not be acknowledging the fact that the actual party (defendant) in not necessarily the right person to serve or the only person who can be served to qualify as valid service of process. For example, if I sue a company I don't generally serve the company I serve their Registered Agent (ironically from time to time the Registered Agent is the same company as the defendant); more generally I can serve anyone residing at the defendants residence who is over 15 years old (FL rule); or I can serve a defendant's employer instead of the defendant.
  - cortesoft 10y ago
    I am not arguing any of your points. I am just saying that the legal requirements for serving papers can be met, and the person could still not have known about any of it. I mean, the simplest example is, "What if someone is traveling in another country for 2 months?"

cortesoft 10y ago

I don't know, my buddy works as a Process Server, and I can imagine lots of situations where the person never actually receives the paperwork. He only has to try to serve the papers a few times, and then can leave them. If the defendant were out town for a few weeks, he would never get it. He doesn't have to check ID, so someone could say they were the person, he would hand it over, and be done with it. That person might never hand the papers to the right person. I don't think assuming papers served always get to the right person is a fair assumption.

will_brown 10y ago
I think I addressed most of your concerns: > Plaintiffs can also establish to the Court the Defendant is actively evading service, but there are many legitimate reasons one can't serve a Defendant. Still, even in the event of defaults the Courts will readily Vacate (set aside) default judgments in circumstances including, but not limited to: 1. improper service; and/or 2. defenses on the merits. >I don't think assuming papers served always get to the right person is a fair assumption. It is a fair assumption, because that is what the rules require, and your friend or any other process server must sign an affidavit under oath and penalty of perjury for the exact steps they took to serve a party. Now assumptions be damn, you are right service won't always be done properly, but I mention safeguards such as a Motion to Vacate Default Judgments for lack of proper service. >He doesn't have to check ID, so someone could say they were the person, he would hand it over, and be done with it. That person might never hand the papers to the right person. Because you used right person you may or may not be acknowledging the fact that the actual party (defendant) in not necessarily the right person to serve or the only person who can be served to qualify as valid service of process. For example, if I sue a company I don't generally serve the company I serve their Registered Agent (ironically from time to time the Registered Agent is the same company as the defendant); more generally I can serve anyone residing at the defendants residence who is over 15 years old (FL rule); or I can serve a defendant's employer instead of the defendant.
- cortesoft 10y ago
  I am not arguing any of your points. I am just saying that the legal requirements for serving papers can be met, and the person could still not have known about any of it. I mean, the simplest example is, "What if someone is traveling in another country for 2 months?"