Oh this should be fun - proof they lied to court

[ToughSpot]

So get this, today I got a call from the Lawyer representing AMEX who wanted to see if we could make a deal now that they got a default judgement. "I said default what? Don't you need to serve me papers and give me time to respond before you get a judgement." He proudly told me they had and filed the proof of service with the court.

I just downloaded the document filed with the court and it claims that I was personally served at a place date and time for which I can 100% prove I was somewhere else.

There is a place on the form for substitute service meaning they could give it to another adult I guess. But that was not checked and for that matter no one else was there on that date anyway.

Obviously I should be able to get the court to vacate the judgement and start the whole process over again. What I am wondering is if I could use their lying under oath to the court to get the whole thing thrown out?

[Bell30656]

Most likely "they" did not lie to the court. More than likely they used a contractor that lied to them and the court. Good help is just so hard to find. Of course, the court will vacate the judgment and then you will get served properly and start the process over again. Then again, once they realize that you WILL fight them they may not be willing to take on the battle.

[catleg]

That's why this stuff is always done at arms length, wherever possible, to prevent the lies sticking to the perpetrators. They have deniability.

Bank outsources to CA. Bank CEO: "Well how was I to know they would call a debtor and tell them they would be arrested, that's illegal you know ..."

Law firm outsources to process server: "Well how was I to know they would not serve the defendant, it says right here on paper they did the service..."

Lazy judge relies on papers filed by JDB law firm "Well how was I to know they would fabricate documents, that's illegal you know..."

[NoMoreCards]

That would prove to be a fun day in court. I'd fight them all the way.

Keep us updated on this.

[AngelinaCatHub]

YES! I would tell the Court that they did in fact lie. It was their agent, sub contractor or not, and they are responsible for their agents actions. At this time, I would consider a cross filed suit for fraud. 'Hub

[Dst1]

It's funny you should mention this because I have come to discover this is a problem with the USPS as well. A friend sent me something that required my signature. He got the card back with a signature. Only I never signed for it. It was just put behind my screen door.

I think they figure that 99% of the time it gets where its going so who cares. So it doesn't surprise me at all the the process server lied. How many people would actually fight it.