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CarreraS2 CarreraS2 is offline
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Join Date: Nov 2002
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If you have a proof of service from the sheriff that (1) shows due diligence (i.e. he went to the address 3 times or so), AND (2) after his last time, the defendant's son at the address said the defendant lives there but wasn't home, AND (3) the sheriff dropped the papers off with with the son,

then I think you are good to go.

If that is the case, just go ahead and get the judgment. It will be up to the defendant to try to get it set aside. That will require him to show up at court. Argue that he was in fact properly served. The only way out will be for him to deny living at that address. If the judge rules against you, hand the defendant the papers, tell the judge that service is now done, and ask for a continued hearing on your claim.

If the guy has a business out of his house, there are ways of getting paid. Particularly if you find out who his customers are. I'm sure his customers won't really like having a writ of execution levied on them, and it won't be good for the defendant's business. Get a couple of those, and you'll bring him to his knees.
Old 03-01-2004, 09:17 PM
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