He was served by "substituted" service -- he was gone. They went forward with the case and he lost by default. I am filing a motion to set aside the default based on his military status and unavailability. What do I need to provide to the court and what do I do next?
2006-09-07 07:18:48 · 16 answers · asked by sjgeorge59 1 in Politics & Government ➔ Military
He wasn't served personally (or any other way). His mother signed for the service but left the state without telling anyone about it or even leaving the small claims papers for us to handle. We only found out after the fact. We are not stupid. Of course, had we known we would have fought it because we would have won that way. I have filed a motion to set aside the judgment/default and know that someone in the military can be sued (they are not above the law) but the suit has to be delayed until the person is served properly. The person suing was told that he was in the military at basic but ignored that information and lied on the complaint when he said my kid was not in the military. So, smart alec answers don't do anything except make responders appear dumb or hostile. Just answer if you have any specific recommendations or information. Please save your opinions for someone who wants/needs them.
2006-09-07 08:34:04 · update #1
Go to the Section titled: Delay of Court and Administrative Proceedings....it will tell you options and things. Also follow the rest of it to the bottom, as there is other Information you can find helpful....
Good Luck!
2006-09-07 17:12:21 · answer #1 · answered by BITE ME 4 · 0⤊ 0⤋
Of course, he can be sued. The reason he lost by default is that he didn't show up - and no one else sent a letter or showed up to explain his status. If they had, the case would have been delayed until he was available. Consult a lawyer in your state that handles those types of cases to find out what he needs to do.
2006-09-07 07:37:21 · answer #2 · answered by Danger, Will Robinson! 7 · 0⤊ 0⤋
You're going to need a good lawyer. But you can get the judgement set aside and then get a new trial using provisions of the Soldiers and Sailors Civil Relief Act. Get a copy of his orders and you will probably need a sworn statement from his command stating that he was in basic training at Camp Swampy when the papers were served.
Luck
2006-09-07 08:47:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, he can be sued. But, before you go out and spend any money and make a motion on his case, first call his basic training command.... let them know his situation. They will provide him with free legal advice and service. Once you are in the military, the military does their best to assist there people in these kinds of situations. I can't promise you anything, but they will lead him in the right direction. Good Luck.
2006-09-07 07:25:15 · answer #4 · answered by HJR 2 · 1⤊ 0⤋
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2016-09-30 10:45:38 · answer #5 · answered by ? 4 · 0⤊ 0⤋
He can still be sued while he is in the military, but since he is in Basic Training he can file to have the trial postponed until he is available to make it to trial. Although since he waited until the trial was completed before doing anything it may already be too late. Have him ask his Chain of Command to speak with a JAG officer or his Brigade Legal officer.
2006-09-07 07:22:26 · answer #6 · answered by camus0281 3 · 4⤊ 0⤋
I am surprised that he was not served through his command? Was there attempts to do that? Yes, he can be sued and if he is properly served, even if it is through publications, a court order can go through by default.
2006-09-07 07:32:59 · answer #7 · answered by Celeste B 3 · 1⤊ 0⤋
Yes. He is subject to the Soldiers and Sailors Relief Act but he can be sued if the court action was pending prior to his enlistment.
2006-09-07 07:26:56 · answer #8 · answered by Jim from the Midwest 3 · 0⤊ 0⤋
Yes he can and its probably to late to do anything about since its gone default. Also, jag wont help him with this because this is not related to his military service its a personal matter.
2006-09-07 07:20:52 · answer #9 · answered by Anonymous · 1⤊ 1⤋
All you need to show is that he is in boot camp. Why wasn't that done in the first place, when they tried to serve him the court should have been told where he was.
2006-09-07 07:22:59 · answer #10 · answered by Anonymous · 2⤊ 0⤋