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I was served judgement papers at a wrong address. The

Customer Question
address that I was served...
I was served judgement papers at a wrong address. The address that I was served is my parents, me and my father have the same first and last name but different middle names. My Dad thought the paperwork was for him so he did not inform me. I have not stayed at that address since 2002. Do I have a defense for not being properly notified?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: TX
JA: What action has been taken so far? What's your ideal outcome?
Customer: My bank account was seized out of nowhere. I don't feel like I was given a fair opportunity to handle the situation properly. I would like to have the judgement dismissed
JA: Anything else you want the lawyer to know before I connect you?
Customer: I also believe the debt falls out of the statute of limitations. The last activity on the account was in 2009... and the judgement was served in 2015. Per Texas law there is a 4 year statute of limitations on collectible cc's/loans.
Submitted: 3 months ago.Category: Legal
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Customer reply replied 3 months ago
Hello?
Answered in 51 minutes by:
7/25/2017
Lawyer: Bill Attorney, Lawyer replied 3 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 1,418
Experience: Attorney
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Dear Customer ,

Thank you for posting your civil procedure question. I see no one responded to your question and I would like to respond now.

The rules of service are contained with rule 106 of Texas Civil Procedure.

"

    1. mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto."

The plaintiff needs to file a certificate of service with the court.

Rule 21a

"Proof of Service. The party or attorney of record shall certify to the court compliance with this rule in writing over signature and on the filed instrument. A certificate by a party or an attorney of record, or the return of the officer, or the affidavit of any other person showing service of a notice shall be prima facie evidence of the fact of service. Nothing herein shall preclude any party from offering proof that the document was not received, or, if service was by mail, that the document was not received within three days from the date that it was deposited in the mail, and upon so finding, the court may extend the time for taking the action required of such party or grant such other relief as it deems just. "

So you can challenge the judgment and service for failure to follow civil procedural rules.

You would file a motion to vacate judgment with the court that issues the judgment.

We are here to help.

In return we rely on positive ratings.

SO please take the time to rate positively now.

You do this by rating 5*, 4 * or better.

So I hope you rate five stars.

Best

Attorney Bill

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Lawyer: Bill Attorney, Lawyer replied 3 months ago

Dear Customer,

This is attorney Bill following up with you on your question.

If you need more assistance please let me know.

Just a reminder that by leaving a positive rating I get a credit for my previous response and time.

SO please take a moment to rate.

You do this by clicking 5*****, 4**** or better.

SO I hope you rate FIVE STARS today before exiting.

Thanks

Attorney Bill

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