QUESTION
I was never officially served with court proceedings (no process of service), can I request proof of service before answering the complaints?
Asked on Apr 10th, 2017 on Business Litigation - New Jersey
More details to this question:
Plaintiff in civil suit wants to ask court for default judgement, I was never served with paperwork from the original case summons. The court gave me an extension to answer the complaint by this Wednesday on the 13th. I found an email request from the plaintiff requesting a signature yesterday from a year ago but I did not sign or have knowledge of. My question is.. can I write the court stating my inability to answer was due to failure in process of service? In other words, does this mean I do not have to answer? Could I ask for proof of service?
1 ANSWER
Proof of service should have been part of the plaintiff's original default request. Improper service can beat a default request.
Regards, Edward Zohn, Attorney at Law.
908.791.0312
Answered on Apr 17th, 2017 at 5:13 AM