Mark Stopa - March 20th, 2012 - Stopa Law Firm
A basic element of any lawsuit, including a foreclosure lawsuit, is a plaintiff’s obligation to effectuate service of process on a defendant. Service of process is a fundamental tenant of a defendant’s right to due process, as it ensures a defendant knows about a lawsuit and is given an opportunity to defend.
One of the things I enjoy most about foreclosure defense is challenging service of process when I believe it to be insufficient. When is that? Well, in my experience, bona-fide challenges to service of process invariably arise when the plaintiff tries to effectuate service by publication.
Read the rest of the story:
http://www.blogger.com/img/blank.gifChallenging Service of Process
Showing posts with label service by publication. Show all posts
Showing posts with label service by publication. Show all posts
Tuesday, March 20, 2012
Saturday, November 14, 2009
HALL v. NORTON - Service by publication invalid
Legal.com
Court of Appeals of Washington State
Service by publication requires reasonably diligent efforts to locate the defendant by exhausting all information readily available. Randy Hall's mail to Tracey Norton and Darren Kossen at their last known address was returned stamped with "no forwarding address." Hall's attorney "conducted research on the internet." A prior attempt to serve Norton and Kossen at the last known address was unsuccessful when a woman in the house refused to come to the door. No other details were offered in support of service by publication. Hall knew the name of Kossen's employer and Kossen's prior address, but did not describe any efforts to pursue those leads. Hall's reliance upon "research on the internet" is vague and general. Because Hall did not support the service by publication with a showing of reasonable diligence, the default judgment taken based upon that service is void. We reverse.
Read the whole brief here:
HALL v. NORTON - Service by publication invalid
Court of Appeals of Washington State
Service by publication requires reasonably diligent efforts to locate the defendant by exhausting all information readily available. Randy Hall's mail to Tracey Norton and Darren Kossen at their last known address was returned stamped with "no forwarding address." Hall's attorney "conducted research on the internet." A prior attempt to serve Norton and Kossen at the last known address was unsuccessful when a woman in the house refused to come to the door. No other details were offered in support of service by publication. Hall knew the name of Kossen's employer and Kossen's prior address, but did not describe any efforts to pursue those leads. Hall's reliance upon "research on the internet" is vague and general. Because Hall did not support the service by publication with a showing of reasonable diligence, the default judgment taken based upon that service is void. We reverse.
Read the whole brief here:
HALL v. NORTON - Service by publication invalid
Subscribe to:
Posts (Atom)