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Asker
Posted almost 2 years ago.

the process server claimed on the proof of service that they were given to my mother (name and physical description are stated). My mother is the only registered owner of her house, that is the only way I think they obtained her name because she is cetain that nobody went to her door and serve her or ever received anything by mail. I do not file bankruptcy because its only this judgment and its being reported for $4,200 plus interest and penalties.

Jason Scott Buckingham
Jason Scott Buckingham, Bankruptcy Attorney - Benicia, CA
Posted almost 2 years ago.

What you describe is known as substituted service. Substituted service is allowed, but generally only at a defendant's actual home or work address. In your original post, you stated that you did not actually live at your mother's house at the time the summons and complaint were allegedly served. Also, if your mother is willing to state under oath that she never actually personally received papers ["personally received" can include leaving papers on the porch when a person answers but refuses to open a door], then you may be able to set aside the default. You mother will need to re-trace her whereabouts for the alleged date of service. Also, your mother should ask her neighbors if anyone went around the neighborhood asking for her description on or about the date of alleged service. Process servers have been known to use this tactic to cover up their sewer service.

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Asker
Posted almost 2 years ago.

Thank you. She already did and they said "no". My mother has no problem writing a letter and signing it under penalty and perjury to validate she never received anything. I just obtained the entry of judgment copy from the court today which was done on the same day as the default judgment (July 26,2010).