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    Summons/Complaint left in mailbox

    Is that sufficient service?

    I just came home and saw the summons and complaint sitting in my mailbox. It wasn't mailed however; it was just dropped in there. I always thought the process server has to physically serve me, nail and mail it or send by certified mail. Just seemed too casual. And the mailbox is at the bottom of a long driveway if that matters.

    If I challenge the service, how long does that delay things, is it even worth it?

    Also, just did a search on the lawyer representing the bank. Apparently, that firm filed over 10,000 fc suits last year and has come under much scrutiny of its practices by judges.

    Not sure what to do?
    Last edited by speculate; 03-10-2010, 02:23 PM.

    #2
    That's sometimes called sewer service. Where they just dump it down the sewer. Depending on the rules for service of a summons in your county/State, service must be in person. I would call that mailbox drop... not only improper service, but improper use of a mailbox. Sounds like pure laziness.

    I guess they're hoping, as in most cases, you don't respond and they receive a summary judgment. Check the proof of service and see how it claims that it was served on you.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Do I go to the county clerk's office to look at the "affidavit of service"?

      When would it be there.. since it was only dropped in my mailbox sometime today?

      Comment


        #4
        Dealing with local county courts is a pain sometimes. Some of them have everything online just like the Bankruptcy Court does. The Certificate or Affidavit may not get filed for a few days anyhow. I actually dreaded having to go look at one of my files (on the original foreclosure) because I have to actually send a request to have the folder pulled so that I can view it.

        I'd see if your Court has the docket and documents on-line.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Awesome! Thanks for the info and your help, really appreciate it.

          Comment

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