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Motion for leave to use altenative means of service

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    Motion for leave to use altenative means of service

    So I am being sued by a local cu. They filed the complaint back in June. Then filed a motion to extend time for service in September. Now, they are filing a Motion for Leave to use Alternative means of service. (I can see all this on our county website). Go figure. I am still in the same house as always and have the same job. How much time did they really put in to trying to find me? Is this just a way for the attorney to bilk more money out of their client?

    I tried to look up exactly what the motion is...anyone have experience with this type of motion?

    #2
    I think just for laughs I would respond with a motion to dismiss for lack of prosecution.

    If you haven't been in hiding all this time, there is no excuse for them not to serve you and move the case forward.

    Probably won't work but what the hell....right?

    (It appears to me they're trying to save themselves the cost of a process server and instead serve you by certified mail).
    filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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      #3
      Originally posted by getmeoutofhere View Post
      So I am being sued by a local cu. They filed the complaint back in June. Then filed a motion to extend time for service in September. Now, they are filing a Motion for Leave to use Alternative means of service. (I can see all this on our county website). Go figure. I am still in the same house as always and have the same job. How much time did they really put in to trying to find me? Is this just a way for the attorney to bilk more money out of their client?

      I tried to look up exactly what the motion is...anyone have experience with this type of motion?
      Normal service is by subpoena. If they cannot find you, they can put the notice in the newspaper for some days. Then when you do not show, they get a default Judgment. Have you filed yet? If not, Just reaffirm your address as valid with the Court. It should be on the Matrix with your case number. They are either very stupid, lazy, or smart. Just a "Notice of Affirmation of address" could be composed by you either civil or bk. 'Hub

      THEN, when you get sued just before the hearing, file and you would have cost them a lot of trouble 'Hub

      P.S. Edit, you don't have a Matrix if you have not filed. Excuse me.
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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