WHY WAS I SERVED HERE?

Before Amerilit received notification of your lawsuit you were served with legal papers by a law enforcement official or process server.  This person came to your door and handed you or someone who resides at your residence with a copy of the legal papers.  Alternatively, you may have received a letter containing the legal papers or even found them posted on your door.  This is called Process of Service.  Service of the legal papers must be done in accordance with the laws of your state.  

A lawsuit must be filed with the Court Clerk where there is proper Jurisdiction and Venue.   Jurisdiction is the power of a court to decide a lawsuit and Venue is the location of the lawsuit.  A lawsuit is typically filed in the state, county, or city where the Defendant resides, but Jurisdiction and Venue may be where the Plaintiff resides or the location that is specified in the credit card or loan agreement.   What court a lawsuit belongs in is also set by the laws of each state and typically are defined by the amount of money in controversy.

What happens if the legal papers suing you were served to someone residing in a house that you used to live in but no longer live in?  What if the papers were served to a relative at their house? What if the lawsuit was filed in a state that you used to live in, but you have since moved?  What if you have never lived in the state where the lawsuit was filed? 

 

What if you have received information that someone has been trying to serve you with legal papers?  Many people believe if they are not served then the lawsuit will go away.  This is not correct.  Please do not avoid being served. If a Plaintiff has been unsuccessful at serving you, they can ask the court to serve you by alternative means.  Methods of alternative service include physically posting a copy to the door of your last known address, either the Plaintiff or Court Clerk mailing a copy to your last known address, or publication in a newspaper in the city or county of your last known address or a someone known to you handing you the legal papers.  If you are served by alternative means, it will result in the lawsuit proceeding without you ever having actual knowledge of the lawsuit and a default judgment being entered against you.  Similarly, refusing to take the papers from the process server’s hand or refusing to identify yourself will be considered proper and valid service.  If someone tries to hand you legal papers, verify your identity, accept the papers and send them to Amerilit as soon as possible.

 

If you find out that a lawsuit was filed against you in a different place than where you live, please bring this to the attention of Amerilit as soon as possible.  Objections to the wrong Jurisdiction and Venue must be made before the Defendant files an Answer or the issue may be waived. [i]

 

 Disclosure/ DisclaimerThe information in this letter has been prepared for general information purposes only to permit you to learn more about our firm, our services, and the experience of our attorneys. The information provided is not a full analysis of the matters presented, may not be relied on as legal advice and is not to be acted on as such, may not be current and is subject to change without notice.  Further, if you are not the person to whom this letter has been disseminated by American Litigation Law Group, PLLC (“Amerilit”) be aware that any use, reproduction, or distribution of this message is strictly prohibited. 

 [1]  Document created by Mary S. Bruehl on 5-11-23; revised 8-2-23, 6-14-24.   Copyright © 2023 American Litigation Law Group, PLLC (“Amerilit”) All Rights Reserved; Use of the information contained in this letter may not be used or disseminated without permission of Amerilit.