This weeks good thing came out of the Jackson County, MO Courthouse at Kansas City. I motioned to set aside a default judgment a few months ago and it came to a hearing last week. It was interesting. My client didnt know he had been sued because he never received a summons or a petition, so two years later he was being garnished for a debt he didnt owe. (He actually settled it in 2008) Apparently my client was not home when they said they served him the papers, and they had a signed and notarized affidavit (return of service) saying they did. This is a problem because a notarized return of service is prima facia evidence of service of process at the address on the affidavit. Fortunately the address on the return said they served my client at his address in Kansas City. My client lives in Raytown. Right street address, wrong city. This is fatal to a return of service unless an affidavit is produced by the process server showing that it was an administrative mistake only, and that the defendant had been served. They didnt have that at the hearing. So, the default judgment is vacated, set aside, and held for naught, and my client gets to address the matter on its merits. Thats a good thing because, as I said, he settled the debt in 2008. I think it will die in discovery. Be well.
Posted on: Thu, 14 Aug 2014 23:07:04 +0000
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