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Is this considered being properly served?



pat_henry_google@yahoo.com (Patrick Henry)
7/23/2003 2:54:30 PM


My former neighbor is counter-sueing me in small claims. Last night,
the legal notice was left in my neighbor's mailbox. Should I consider
having been served in this counter suit?
 
 
"Brett Weiss"
7/23/2003 8:03:30 PM


Since you received actual notice, yes.
--
Brett
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The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
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"Patrick Henry" <pat_henry_google@yahoo.com> wrote in message
news:919ec0ef.0307231354.1fbab22b@posting.google.com...

My former neighbor is counter-sueing me in small claims. Last
night,
the legal notice was left in my neighbor's mailbox. Should I
consider
having been served in this counter suit?
 
 
"Richard"
7/23/2003 7:46:07 PM




"Patrick Henry" <pat_henry_google@yahoo.com> wrote in message
news:919ec0ef.0307231354.1fbab22b@posting.google.com...

My former neighbor is counter-sueing me in small claims. Last night,
the legal notice was left in my neighbor's mailbox. Should I consider
having been served in this counter suit?
Put in the wrong mailbox? Purely a non legal opinion, I'd say this was NOT
proper practice.
However, the court may say that it is.
Since it's a counter suit, you can bring this notice up with the judge in
your original case and let the judge decide what's legal.
 
 
"Zen Cohen"
7/24/2003 2:03:09 AM




"Patrick Henry" <pat_henry_google@yahoo.com> wrote in message
news:919ec0ef.0307231354.1fbab22b@posting.google.com...

My former neighbor is counter-sueing me in small claims. Last night,
the legal notice was left in my neighbor's mailbox. Should I consider
having been served in this counter suit?
Maybe I'm missing something but what's the problem? Even if you weren't
properly served, I don't see that there's much you can complain about since
you've obviously already appeared in the suit and have received actual
notice of the CC. I would worry more about the merits of your respective
cases than minor procedural issues.
 
 
"tomG"
7/23/2003 9:08:25 PM




"Patrick Henry" <pat_henry_google@yahoo.com> wrote in message
news:919ec0ef.0307231354.1fbab22b@posting.google.com...

My former neighbor is counter-sueing me in small claims. Last night,
the legal notice was left in my neighbor's mailbox. Should I consider
having been served in this counter suit?
In a word, yes. Although service is technically deficient, the
most that you could accomplish by contesting service is a
slight delay and re-service, and the judge is not likely to
even do that since you in fact received the notice, and
without even any delay.
 
 
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