But I was never served?!?!?

[Newdaddy]

I received a certified letter in the mail last week which contained an order compelling discovery, and directed me to answer questions. No questions were attached. I thought I was being served with a lawsuit.

I emailed the attorney who said it was actually a post judgment order of the court directing me to respond to the post judgment discovery he sent me and since he understood I may have misplaced it, he attached a copy to the email for my convenience.

I never misplaced anything, I never received it. The address listed on the discovery questions was for my former in-laws. I didn't live there. Further, I don't even know if it was served, anyways, he simply sent me an unsigned, undated copy.

I immediately replied and simply informed him that I didn't believe I was served and for him to provide me with all documents pertaining to the case, including an affadavit of service.

I also overnight mailed the court informing them that I don't believe I was served and requested them to send me the docs and asking for some time.

I have not gotten a reply from the attorney, but did copy him in on the letter (via email) I sent to the court.

My questions are:

1. The court is in Georgia, I am in NYS. It is a business lawsuit for money owed.
2. Can I challenge service? I should have to be notified, right?
3. The original account was from maybe 2002. If I won on service, would they be beyond SOL?
4. They served me and the business. they incorrectly list the business as an "Inc." instead of an LLC, and me as the "CEO". Does that make a difference?

[unusualsuspect]

To start off with:

1. Get a copy of the case file from the court in GA.

2. Make sure that this lawyer is not attempting to domesticate the judgment in NY. If he is, then you can file motion to vacate the judgment.

3.In your court file, check for the proof of service that was filed. Check the rules in GA and make sure you can be served in the manner that was filed. If it's not, then you will have to file a motion to quash service w/GA court. State everything that is wrong (never lived there, not me, etc).

4. The SOL depends on the type of account. A credit card account can be in statute for up to 6 years... check NY state law to verify. If its another type of account, it could be as long as 10 years (equipment leases).

As far as the INC vs LLC, it would be interpreted as a mistake- it's not grounds enough to dismiss the case. However, with an LLC, a judgment creditor has to get a charging order. If you're so inclined, then I'd remind opposing counsel of this fact. If they take money from your bank account, the LLC and its members can sue for major $$$ for violation of the charging order protection. This makes collection from LLCs or one of its members unpalatable.

Go ahead and answer the questions, deny everything and buy yourself some time... the charging order will buy you A LOT of time (I use an LLC to dodge a judgment).

[debtorshusband]

If it's not, then you will have to file a motion to quash service w/GA court. State everything that is wrong (never lived there, not me, etc).

Are you sure? I would have thought the OP needs to file a Motion to Vacate Judgment, not to quash service. Must confess, I'm not sure under what circumstances a motion to quash service is appropriate.

Newdaddy, in your number 3 you ask about the SOL. As long as they filed the lawsuit before the SOL expired, they are OK. Even if you get the judgment vacated, that just gives you the right to answer and defend yourself. Of course, then there's the question of whether they filed in correct venue.

Good luck.
DH

PS. I would be real leery of answering these post-judgment questions. They probably want things like where you work, where you bank, etc, so they can garnish wages and attach bank accounts. If you provide this information, they will move forward. You might be better off telling this attorney you will not be answering his questions, but will be moving to have the judgment vacated since you were never served.