I am currently the Plaintiff in a case against a local home builder who destroyed my property. After all options were exhausted, I brought them to court. There only response in the whole case has been when there attorney filed a Civil 60(B) saying they never knew about the case until I filed a bank attachment.
They claim they never showed up for the first court hearing because they were unaware of it. They say that one of there employees who, who has since quit, never told anyone about any court summons or paperwork or pending trial. HOWEVER, the owner of the company who I am bringing the case against SIGNED the Certified Mail receipt for the summons.
My question: Is there any way they can say that she did not receive or read it, and what will possibly be the Defendants next move? I hope the judge realizes that they have lied under oath and on an affidavit and upholds the origianl ruling in my favor. Thank you
2007-06-26
03:42:42
·
4 answers
·
asked by
MEME R
1
in
Politics & Government
➔ Law & Ethics
The court mailed the summons and date stamped everything. I also have a notarized affidavit from the defendants attorney and the signatures are identical. Even the Court Clerk said that it is her signature. I submitted the evidence today, I will keep you posted. Hopefully the judge will put a stop to this.
2007-06-26
08:19:20 ·
update #1