I won a small claims case. The other party filed a motion to vacate. The clerk served the person via mail and her husband signed the certified receipt. Is that valid proof of service ?. also the judge served her the minutes informal via clerk because he had to change the court dates 2 times yet she said she never knew about a lawsuit. Her address is the same address listed on the motion to vacate. Was she served by the clerk the first time ? What about the times the judge served her with court date changes?
1 Answer from Attorneys
When the clerk serves a document by mail, the proof of service is usually contained at the bottom of the document that is served, with the original in the court file. It sounds as though her motion does not have much merit, if she is going to go to court and claim that the court did not properly serve her. I imagine the first question the judge is going to have is why she wasn't at the hearing that was continued anyway, where she would have learned that the hearing was continued.
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