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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118809
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am being sued by a former business associate here in Seattle.

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I am being sued by a former business associate here in Seattle. He filed the suit March 16, 2013 and claims he served me May 9, 2013. The process server threw the papers at my girlfriend at her apartment claiming that I lived there. At the time I was renting a room in a house a few miles away. He is now asking for default judgment and filed his declaration on June 5th. I was made aware of this action (the default) just yesterday (the 9th) by an attorney for my former business. I don't believe that I was properly served. Another attorney acquaintance of mine said that a default judgment was easily overturned when service is questionable. What should I do?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Since you have notice of the default, if default has not yet been entered, you need to file an objection to the default and motion to dismiss based on failure of service of process. If the court has entered default, you need to file a motion to vacate default together with a motion to dismiss the case for failure of service of process and in most of these cases, as the law does not favor default but a trial on the merits, the court will at the least vacate the default and many times will make them properly serve you if they are going to continue the suit.

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