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Process server served the wrong person?
Long story short, a lady wrecked behind my husband back in Nov 2011. She has been trying to sue him now for the loss of her vehicle since then. Our insurance has denied her claim so she is now going after him. The attorney, and I have no idea why they woudl even take the case, has been trying to serve him since last year. I keep up through a website that shows information on tickets and lawsuits. Anyways at the time of the incident, I was a few cars behind them when it happened and called it into 911 and called him. Once I got off the phone with him he called and spoke with the highway patrol and they said he was good to go. She slammed her brakes on and lost control on a wet road and spun out and took out some guard rail. So why this attorney thinks she has a case when the cops told him that he was in the clear, I dont understand. Anyways, they have been trying to serve him papers at addresses that are close to 10 years old. I have tried to tell him where he currently lives so they can just serve him and we can get the paperwork to the insurance company for the attorney. Well I just checked and they served someone at an old address. He hasn't lived there for about 8 years. So if we didn't have this site, how in the world would we know about "being served" and is there anything I can do to solve this?
4 Answers
- StarlordLv 78 years ago
I don't understand how she can claim against him. If she hit him, it is her fault for failure to control speed. If she lost control and did not hit him, he is not even involved, she just had a one-vehicle accident. Give her attorney your information. I bet the judge will be laughing for an hour after he throws the case out.
Source(s): Former deputy sheriff/corporal - 8 years ago
My father just retired as a deputy sheriff, if the papers were for him and he did not sign anything they were never successfully served, your Lawyer should know that. However if the person that signed for the papers is related to you, it can be said that the person signing for them implied they knew your husband's proper address. Each State is different.
- davidmi711Lv 78 years ago
Since you know about the law suit you have no reason to wait to be served. Contact her lawyer and ask them to send the papers to your lawyer or simply go to the courthouse and obtain copies there.
- 8 years ago
Wow. With an attorney like that, I wouldn't even worry about it. The statute of limitations will be up before he/she gets it together. You said she is after your insurance company now? Why even get involved?
Source(s): I'm old