How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16312
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Legal Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

Can a person win a small claims court case by default if they

This answer was rated:

Can a person win a small claims court case by default if they have proof of a returned attempt due to not knowing the proper address and thus were unable to serve a summons on the party they are suing?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

No. That is, if there was a judgment given, it would not hold up.

ScottyMacEsq :

This sent to a wrong address would not satisfy "legal notice" sufficient to give the sued party notice of the suit.

Customer:

would a judge hear the case without proof of service?

ScottyMacEsq :

No. But it's possible that the plaintiff could file a document saying that service was completed.

ScottyMacEsq :

But if service was never completed, then the judge shouldn't hear the case.

Customer:

and that document would show up in the court case file?

ScottyMacEsq :

I suppose it would be possible, but that's a prerequisite to having a valid judgment.

ScottyMacEsq :

Yes.

Customer:

ok thank you!

ScottyMacEsq and 7 other Legal Specialists are ready to help you