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IS there a law or code that states a Plantiff has the responsibility

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to serve notice of a...
IS there a law or code that states a Plantiff has the responsibility to serve notice of a case being tried in court to the defendant? Can the plantiff knowingly provide a false address so that the defendant has no knowledge of the case and thus is found guilty by default of not showing up?
Submitted: 7 years ago.Category: Legal
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Answered in 7 minutes by:
3/2/2010
Lawyer: Lawmoe, Lawyer (JD) replied 7 years ago
Lawmoe
Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2,415
Experience: Lawyer with 19 years of litigation experience in state and federal court systems.
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The Rules of Civil Procedure dictate how pleadings in a case are served. In Virginia, you can find them at the following link:

 

http://leg1.state.va.us/cgi-DANGEROUS URL REMOVED?000+cod+TOC0800100

 

Under the Rules of Civil Procedure, Rule 8.01 - 296, personal service is required. Accordingly, you should check the court file to determine what the Affidavit of Service states, assuming one has been filed, and how it indicates you were served.

 

If improper service is made and the matter proceeds by default, you may file a Motion to reopen the case based on the fraud related to the service.

 

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Customer reply replied 7 years ago
SO if the attorney knowlingly sent the personal service to an address not on file and that was never associated with me is their anything that can be done about that?
Lawyer: Lawmoe, Lawyer (JD) replied 7 years ago

Again, you must seek to reopen the matter if it was resolved by default. Proving that something was knowingly done would be extremely difficult. However, the court could impose a sanction such as requiring that party or attorney to pay your legal fees.

 

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Customer reply replied 7 years ago
In my final divorce decree my seperation agreement was incorporated into it stipulates that I am not responsible for any past homeowners associattion dues or taxes, etc. and that the house would be deeded to my ex-husband. I have been garnished for those wages. When I sent the attorney the divorce decree he said I needed to have filed it with the Deed/Property Assesors office in addition to the clerks office. If I file now is there anything that I can do to stop the garnishment against me due to the fact that my divorce decree was finalized stating I was not responsible.
Lawyer: Lawmoe, Lawyer (JD) replied 7 years ago

I am afraid that the attorney is correct. A divorce court can only decide issues between you and your spouse. That court order does not impact the remedies for other creditors.

 

As a result, you could be held liable by the creditor for debts that were owed on homeowners does and taxes if there was no filing in the office that records dees to indicate that responsibility had been transferred to a new party.

 

Your remedy would be against your ex spouse. You may sue yoru ex spouse as part of the present action by bringing him/he rin as a third party. This may require the assistance of counsel. You may also seek to have them found in contempt in familyt court in many states and seek reimbursement for any money paid.

 

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