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In MISS, the law for service in Civil Cases are clear
Rules of Civil Procedure, Rule 4(d) allows for personal or residence service. In addition, Rule 4(c)(3) allows for service by first-class mail, postage prepaid, together with two copies of a notice and acknowledgment of receipt of summons and complaint, and a return envelope, postage prepaid, addressed to sender. If no acknowledgment is received within 20 days, must attempt personal service.
They would be able to receive a judgement and garish your wages at this point, unless you file a motion to vacate the judgment due to serving the wrong place of residence.
If you re open the case the garnishment will stop, or you will have to file a chapter 7 bankruptcy and that will stop the garnishment
So you are saying that a garnishment could take place even though the officer took the papers back with him? How would i know when court was to file a motion to vacate the judgement?
According to the law, personal service is not required, and they can mail the document per the law or serve the residence and claim that they served your residence.
At this point you should contact the Civil Court in the county where you lived and ask the clerk if your name is XXXXXXXXXX XXXX any civil case.
So if someone hadn't called me, I would have never known anything about it.
If so, than you need to examine the service they did and if a judgment was given, you would then file a motion to reopen the case due to lack of service
the papers were just served today
This happens all the time, and the creditors get a default judgment against people when they do not even know about it.
If they were served today, the case has not even started yet, so it will take some time for them to get a judgment.
You could contact the Court and obtain a copy of the Summons, and file an answer to it.
since the people there told them I moved what will happen next? will they try to find me?
they may try to find you, or just serve the residence they know about, and state to the Court that they served your last known residence
In my experience they would serve the residence and tell the Court they served the last known
no papers were actually served though they took the papers back with them
ok thank you
That may mean they will try to find your address through driving records or public records,
if you have not changed your drivers license address, or kept the same address, they will serve the prior residence
Either way this is the start of a lawsuit, and you can file an answer to delay any judgment and garnishment
If you have any further questions please do not hesitate to ask
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