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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

4 answers

The signed receipt is your evidence that they are lying, the judge will know.

2007-06-26 03:49:01 · answer #1 · answered by Lori B 6 · 3 0

They are doing this in order to stall the proceedings. It is very likely that they are trying to shift their property into the names of relatives, etc. so that you can't get to it. I suggest you speak with your attorney about this immediately. Judges aren't stupid, and the judge will know about the lie. You can submit the receipt from USPS into evidence. If they are claiming that the employee signed the owner's name without authority to do so, you will need to do some discovery work to find out what else the employee signed the owner's name to, in order to rebut their allegation. Judges do NOT like this kind of behavior, and will not look on them favorably.

2007-06-26 03:49:13 · answer #2 · answered by cyanne2ak 7 · 3 0

There is a possibility that someone else might have put signatures of the person in his/her absence.

I am not sure how they hand over the summons in US. However I India, they insist on some identity to hand over the summon to the person. In case the person doesn't respond after several visits, they stick a notice in front of the house.

2007-06-26 03:50:28 · answer #3 · answered by skdonweb 4 · 0 0

The point of the signature is that you can prove that they received the mail. If you mailed it there may be a question of what was actually in the envelope, if the court sent it there would be none.

2007-06-26 03:51:27 · answer #4 · answered by Kathi 6 · 0 1

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