Larry
Phoenix,#2Consumer Suggestion
Wed, May 07, 2008
You left out a lot of details, including where this lawsuit was filed. A court has no jurisdiction over a defendant until he has been served with a summons. The plaintiff has the burden of proving that the defendant was properly served. The plaintiff also has the burden of locating the defendant. Normally, serving someone who resides with you would be legal but the plaintiff would still have the burden of proving that you do actually reside there. In this case it sounds like Mr. Pugh failed to locate you and served someone you do not reside with. Mr. Pugh obtained a judgment by fraudulently representing to the court that you had been properly served with process. Since the judgment was the result of fraud perpetrated by the plaintiff upon the court, there was never a lawful judgment. You also have a claim that the court had no jurisdiction due to insufficient process. In Arizona, the issue of jurisdiction may be raised at any time.
Mike
Oroville,#3Consumer Comment
Tue, May 06, 2008
Mindi, This is horrible and Mr. Pugh is long overdue for an inverstigation by the State Bar and the Sacramento County District Attorneys Office. You should promtply file a written complaint today and attached supporting documents showing that you have not lived at the supposed address service was performed: Office of the Chief Trial Counsel/Intake The State Bar of California 1149 South Hill Street Los Angeles, California 90015-2299 I have also filed complaints for the same exact thing. Using an old address to service and waiting for the 2 year statue to burn off and then starting aggressive collection efforts. Don't allow this dirtbag to get away with it and file your complaint today. The more complaints the better the chance the Mr. Pugh will be held accountable.