01-29-2013 09:38 PM
This helps me a ton! Thank you!
One question: How do I prove that I was never served? I mean couldn't they just say that they served me? I can prove that I was not living in the state any longer so I guess that would work, right?
What a pain in the a**!
01-29-2013 09:45 PM
01-30-2013 12:51 PM
Guiness56 is correct. When they serve you, they need your signature, and since you nevered signed anything plus you have proof that you reside elsewhere, I believe that is proof enough. Good Luck!!
01-30-2013 01:06 PM
The case would not have proceeded to trial had the record not shown some evidence of proper service of notice to the plaintiff.
It is in the court record. That does not mean it was proper service, but the record will show that someone convinced the judge that it was.
The requirements for proper service vary widely by jurisdiction, and one cannot assume that signature acknowledgement of receipt is required.
Circumstances may have permitted notice by publication.
Before asseting to the court that you were not properly served, I would advise going to the office of the clerk and reviewing the court record.
I would determine from the record what was accepted by the court prior to challenging the court's acceptance.
02-10-2013 11:09 PM
I got in touch with the courthouse in NJ - they are showing that I was served to my old address (no response from me obviously) but whoever lived there never even bothered to write Return To Sender on whatever was sent. I am going to see if the post office has records that far back showing that I did file a change of address form with them before I was supposedly served papers. The court clerk said that the post office only forwards mail for about 2 months, and it's very possible that by the time I was being sent all this stuff, they were no longer forwarding my mail to my new address.
I went ahead and satisfied the judgment with the collection agency/attorney's office - Pressler and Pressler - and am waiting for a letter stating satisfaction in full. I was not able to get them to do a motion to vacate, so it looks like I will be doing that.
I am really hoping that even though the courts accepted their method of service, I can prove that I wasn't notified or properly served and get this vacated! For a judgment less than $200, I am sure most people wouldn't just let that happen! SO frustrating.
Fingers crossed xx
02-11-2013 07:52 AM
if you cant prove your case then you can call the nail salon and ask them if you prove the payment was satisfied will they file to have the judgement set aside. taking back the judgment and allowing it to be removed from your cr.