Challenging Service of Process

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.

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