Legal Question in Civil Rights Law in Arkansas

Re: Being served

If you have actual knowledge of a court date, but believe that you have not properly been served, the best and safest course of action is to hire an attorney to make a special appearance to contest service. The risk you run is that for some reason of which you are not aware, the other party does in fact have good service on you.

If the other party and the court believe that they have good service on you and you do not appear, they will enter a judgment against you. When the other party executes the judgment, you could then claim that you were not served effectively. If you are wrong, then you are stuck with the judgment as rendered. It can be a very risky strategy.

The fact that you know about the lawsuit would concern me if I was your attorney. If the lawsuit carries significant consequences, then you should see an attorney ASAP.

Re: Being served

Service is what gives jurisdiction of the court to enter a judgement against you. No service, no jurisdiction. If, however, the plaintiff files a false proof of service, and the court enters judgment, you have to move for relief from the default or to vacate the judgment, placing you somewhat on the defensive. Having been in that position on behalf of clients', I can tell you that it is not the best place to be, although you are in the right. As a result, it may be better to simply file an answer or other appearance.