they are car repo. lawsuit papers and they were clipped to the outside of my mailbox.
2007-02-27 14:48:40 · 5 answers · asked by ? 1 in Politics & Government ➔ Law & Ethics
He cares because it's a violation of Due Process if he's not notified properly. Regardless of whether he's done anything wrong by paying or not paying his car bills.
Generally you must be served in the biggest way possible... it should be handed directly to you. It's also allowed to be left with someone suitable at your home or business. I don't think taping them to your mailbox is very good service, but it may be acceptable in your state. You should inquire about the laws of providing notice of service in your state and if they have done the notice of service wrong you can file that with the court... but they'll be able to serve you correctly and the lawsuit will go forward. They probably figure it doesn't matter if the do it right or wrong since they'll get a second chance.
2007-02-27 15:29:57 · answer #1 · answered by kmnmiamisax 7 · 0⤊ 0⤋
In most states, that would not be adequate service for a lawsuit. However, laws and procedures vary be state and you should consult a local attorney.
Furthermore, there is nothing to prevent someone from lying on the proof of service and saying that they personally handed the papers to you. Do NOT ignore these papers just because service might be invalid.
2007-03-03 06:55:18 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Why do you care about the legality of how the papers were served? Pay your car payment already fool or turn it back in. You took on this responsibility, now deal with it like a grown up.
Edit- Its funny but its the people who have done something wrong that care about due process.
2007-02-27 14:52:56 · answer #3 · answered by meathookcook 6 · 1⤊ 0⤋
yup, what is your defense. you go to court and tell the judge you were never served. the next question is why are you in court....but if you do not show up in court you lose by default. then you have to appeal in district court. you can argue you were improperly served but you will be immediately served. you will have wasted eight hours and about 400 dollars . and you still owe the money. settle the case for 70 cents on the dollar
2007-02-28 04:14:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋
depends on the state - in my state ... no
2007-02-27 14:52:24 · answer #5 · answered by johnny holmes 2 · 0⤊ 0⤋