Great answer, thank you so much. So I'm from Louisiana and I moved to Texas in 1997 in which I transferred my Louisiana child support case to. In 2014 I received my audit receipts and my congratulations letter stating that my child support is fully paid with a zero balance. 2016 I moved back home to Louisiana and started getting notifications saying that I owe 19k in child support and arrears. I showed proof to Louisiana child support that I don't owe and that as of today my son is 28 years old. Louisiana said that there was a judgement for an increase and that's why I still owe. So I stated to them that I was never served. My attorney looked at all of the records and also at postal records and found out that I was never served nor is my signature present on anything. Now I have a court date set for June this year 2024 in regards to this matter. Child support took a recent 15k settlement from me and I'm praying that Louisiana do the right thing and return to me every dollar that was garnished out of my paychecks, stimulus check and workers comp settlement. Can you please tell me what are the chances of me winning?

@johngwatts

2 ай бұрын

I'm sorry you are dealing with this. Unfortunately I don't know anything about LA child support. It would seem to me if you weren't served then LA should undo that judgment but I don't practice in Louisiana. Even if the judgment goes away, the lawsuit is still there so make sure your lawyer has game planned out what happens if you win or lose the hearing. Best wishes! John Watts

What can people do about them lying and pretending that they served you? Maybe if enough of them would get something done against them for lying; then maybe they would stop.

@johngwatts

5 жыл бұрын

First step is to protect yourself. So if been sued and not served but court thinks you are served, point this out (common wisdom) or file your response (my normal approach). Second, if it was a lie and not a simple mistake, then see if you can take any action against them. It is a frustrating thing and the more that it costs the debt collectors, the more they will require the process servers to be accurate. Some collection firms require the server to give the exact location (gps app on phone). And to take a picture of whoever they serve or at least describe them. Thanks for your comment. John Watts

@Myluxury1stHair

5 жыл бұрын

@@johngwatts Thanks for your detailed response and excellent video.

@wealthdiscoveries6867

4 жыл бұрын

I don't understand why a court would send a person who is entitled by law to serve, who would not serve the defendant. What reason would the person serving have to lie about? Nothing is in it for them to lie about serving a defendant.

@wealthdiscoveries6867

4 жыл бұрын

What really should be done is added penalties to the case for lying that you were not served. You're in court under oath.

@showcasecharlie11

4 жыл бұрын

Just sticking a notice on an old residence should not qualify. It should be mandatory to be served in person or ir doesn't count.

Thanks for being so knowledgeable and care for others rights, throughout the internet you are one of the most concise and clear exponent of the law for consumers, thanks again!

@johngwatts

5 жыл бұрын

Ranty, Thanks for your kind words! Have a great week!! John Watts

Thank you!!!

@johngwatts

3 жыл бұрын

Very welcome -- hope it was helpful!

Someone served an old address for me and my husband in Nashville but they found his job but not his correct address. Yeah this collection company is shady and is known for this type of foolishness. He's calling the court on Tuesday to vacate this garnishment.

Suppose someone actually got a court judgment against them. Does the statute of limitations still apply? And if the credit debt is no longer on someone's credit score, is that person home free?

I had one individual call me telling me they were not served. I looked up the case, and read the proof of service of summons and it began to question the individual, Do you live at this address, and they said yes, then I asks were you home around that time, but they said no, but then I read the alleged defendant s description: white male, approximately 5'7 to 5'9 and weight 180-210 and between the age of 28-35. The answer: male yes, but 6'3 240, age 40 and black.. with a statement, i never been accused of being close to white. I had to say, you were not served😂

The commissioner that signed the default judgment said he didn’t sign the order of default, so he could not alter or change the order of a sitting judge, so if I want to bring a motion to vacate order of default, and thereafter the default judgment I would need to present the motion to the judge that signed the order of default. With that being said he denied my request to vacate without prejudice. How do I present a motion to vacate order of default to the judge that signed the order of default?

Question for the state of Florida my lease ended in July but they stated they placed a notice or attempt to serve in August but I was not living in the home anymore but now I have a default judgment can I do a motion to set-aside

So do I write a motion directly to the judge?

Do you practice in Georgia? I am in this exact issue. I was not served, and this crooked company got one over on me.

My issue was not served, but they did not confer with opposing party 9c via telephone it states that in documents that served by email served to court same day, 24hrs before plaintiff served opposition for motion to dismiss they stated unsure of replying to opposition. I stated I wanted to file 2 motions and a default that I mentioned in my opposition. They did not follow 9c via telephone, and filed 9a package for ulterior motive.

@johngwatts

7 ай бұрын

I'm sorry I don't know what "9c" or "9a" is -- if you are referring to a court rule, make sure your lawyer knows and can bring this up to the judge. We don't have this in AL or federal court so not sure what you are referring to. John

@Dope4life97

7 ай бұрын

@@johngwatts these are rules, & plaintiff is pro se. 9a package is for a motion to dismiss, when filing dispositive motion they have to follow rule 9c via telephone not by email, to narrow disagreements or any reply’s. Defendants knew plaintiff could t enter default if they filed 9a package 3 documents as opposed to my 10. To be heard in front of judge. The only thing I see is, request to put aside summary judgement 60b3 due to fraud of the court.

How can a judgement after 13 years in NJ be reentered without my knowledge again!!!!!!

@johngwatts

4 жыл бұрын

I don't know how NJ law works. It may be that the judgment kind of dies and then can be revived. In Alabama a judgment is good for 10 years. Then it can be "revived" for another 10 years so a total of 20 years. Might check here -- www.consumeradvocates.org/find-an-attorney -- to find a lawyer in NJ to help you. John

@Re-op5fc

4 жыл бұрын

Alabama Consumer Protection Lawyers Well I’ve done some investigation work! NJ law allows a judgement to be collected for 20 years! Yes 20! I also found out that the federal statute of limitations for a cellphone bill is two years! The cellphone bill I was sued for was 5 years old! How can a judge award in their favor! I figured I’m going to sue them right back for that bogus suit!!! Same goes for a credit card bill! It was 8yrs old! Statute in NJ is 6 years! How dare that judge award ANYTHING! Do they not know or not care about the law? I was never properly served for either, but in this case I don’t really think it matters! I learned that these debt buyers are scum of the earth and our judges don’t seem to be much better!

My Landlord I rented a room from for 2 years filed a fraudulent Order of protection in hopes of removing me after first Eviction case was dismissed!Days Before I could move and be served with the eviction notice to receive free help to fight my case he persuaded a few problem roommates to get a fraudulent Order of protection I was served at my new apartment ! I was not able to move the rest of my items and I was never served Eviction paperwork so i had no opportunity to get help to pay off the small debt or move my items out! Court documents state that I was served through mail at the house due to a fraudulent op! I found out the night before I had court and LOST!I told judge i never was served and her response was oh well your here now on video call ! Also after eviction I hade 14 days to recover my items!I have text messages of him admitting that he threw out all my items ! Most importantly and illegal my Work equipment ,clothes,TVs,other expensive I had up for sale,and personal items like birth certificates and social security cards Etc! Does this fall under self-help eviction?

@johngwatts

Жыл бұрын

Very sorry that happened -- definitely get with a consumer lawyer in your state that deals with landlord tenant law to help you. Here is a link to help you find a consumer lawyer www.consumeradvocates.org/find-an-attorney in your state and also here is a video going over how to use the website kzread.info/dash/bejne/h4KMsZmqmMitccY.html. Best wishes and I hope you get some good justice headed your way. John Watts

Im in Texas.. I was "served" at an address that I didn't live at at the time, though I now live next door. I have bills to prove where I currently live. Do you think it would be worth my while to file a motion to vacate?

@johngwatts

3 жыл бұрын

Josh I don't know how the rules work in TX but if you were in AL I would say yes. You want to gather up all of your proof. Here is a video that might help: kzread.info/dash/bejne/haaqu8eidNjZl7A.html I would get with a TX lawyer -- you may can find one here -- www.consumeradvocates.org/find-an-attorney Best wishes! John

What if I revived a notice for a request for entry of default, but judge has still not approved judgment. Is it too late to file a response?

@johngwatts

Жыл бұрын

I would immediately file a response and see if that will satisfy the judge. You could file answer and also a request/motion to deny the request for a default judgment. This varies by state law but I would check out my options to see if your state allows this. Best wishes John Watts

What if you sent a certified sign required document and they SIGNED for it? Then 4 days later, it was returned to sender because they “don’t live there”, but they signed it 😂?

I think you have hold of the wrong end of the stick. Would not the party bringing suit against you be the one who has to prove that you were served? Its the plaintiffs obligation to prove his case, is it not?

@johngwatts

6 жыл бұрын

Paul, Great comment -- you are right in a normal case -- the Plaintiff has to show you were served. And to get a default judgment, the Plaintiff must show you were served. But this video is about what happens AFTER a default judgment. If there is a default judgment, the judge has already ruled that the Plaintiff proved that you were served and did not answer. So to get the judge to undo this order, you have to show (prove) that you were not actually served. Think of it this way -- to get the default, the Plaintiff proves it. To undo the default, you have to prove you were not served. Thanks for your comment and I hope the response is helpful. Thank you again for the excellent comment. John Watts

@brianaraluce3203

6 жыл бұрын

Paul Geyer yes

@brianaraluce3203

6 жыл бұрын

They play by the courts rules .. They all make money... The constitution doesn't obligate us to do anything.

@ti2558

5 жыл бұрын

What if you were served but you could not appear because encarceration?

@wealthdiscoveries6867

4 жыл бұрын

The Plaintiff don't serve the defendant. So how would they be responsible for that , and able to prove for fact the person was served when they weren't the person serving them in the 1st place?

Great video I reside in Texas can I email you for some similar case scenario.

@johngwatts

6 жыл бұрын

Thanks for the feedback! I don't know how Texas laws work so take the concepts in this video so you can ask a Texas lawyer and they can guide you through the process. Every state is different and I practice in Alabama so this video is really only about Alabama law. Sorry I can't help you more.... John Watts

@hobbylobby1348

6 жыл бұрын

Alabama Consumer Protection Lawyers what if they serve someone in your house who doesn't give you the papers

@johngwatts

6 жыл бұрын

In Alabama, if an adult WHO LIVES THERE is handed the papers, then you are considered to be served. Person has to be competent -- i.e. not mentally challenged. But if they throw the papers away, you are still served. There are exceptions so definitely run your situation by a lawyer. And if you are outside of Alabama, you'll have to check your rules. Most states have fairly standard "Rules of Civil Procedure". Normally the same Rule numbers -- all based off of the Federal Rules of Civil Procedure. So being served is typically "Rule 4" of the Alabama (plug in your state) Rules of Civil Procedure. Here is the section from the Alabama Rule 4 on giving it to someone in your house: (c) Upon whom process served. Service of process, except service by publication as provided in Rule 4.3, shall be made as follows: (1) INDIVIDUAL. Upon an individual, other than a minor or an incompetent person, by serving the individual or by leaving a copy of the summons and the complaint at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and the complaint to an agent authorized by appointment or by law to receive service of process; Hope this helps and best wishes! John Watts

@hobbylobby1348

6 жыл бұрын

So if someone who in the house was to be served in your jurisdiction and throw the papers away, is that a defense, or will the Judge still find you responsible for the service?

@johngwatts

6 жыл бұрын

The judge would say you are served and the clock starts running on answering. Now, if there is a default judgment, and you have time, it is a pretty good argument to set aside the default judgment if you get an affidavit from the person saying they threw away the papers. But pretty strict time limits for this. Thanks for your question! John Watts

Do you work with people in TN?

@johngwatts

4 жыл бұрын

Sorry I'm not licensed in TN. I should get my license there as don't live far away. :) Start here to see if you can find a TN lawyer -- www.consumeradvocates.org/find-an-attorney Sorry I can't help you directly! John Watts

Georgia power? What is that

...What if they say they served you but they didn't and you were just hanging out at home? How would you prove that? Why do I need to prove I didn't get served? Isn't the burden on the person serving me to prove I was served and not the other way around?