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  • patricklara79
    My name is Patrick Lara. And I have a question about a (smal claims citation). I was Informed by my brother that papers had been served to me but my question
    Message 1 of 8 , Jan 6, 2006
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      My name is Patrick Lara. And I have a question about a (smal claims
      citation). I was Informed by my brother that papers had been served to
      me but my question is that the constable in Navasota Tx. She did not
      serve them to me. The small claims citation was left on my brothers
      dooor step but yet in the bottom right hand corner in hand writing it
      say (served 12-15-05. Also the constable left it at the wrong address.
      and so about a week later my mother finally brought them to me.

      The plintff in this matter is BRYAN TEXAS UTILITIES for the amount of
      710.57.

      Please if anyone has any comments on this matter please write and for
      I dont know what to really do



      Thanks Patrick William Lara
    • pd
      Patrick -- The first thing you should do is to check your State statutes governing service of process. Some States allow a process server to leave a summons
      Message 2 of 8 , Jan 6, 2006
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        Patrick --  The first thing you should do is to check your State statutes governing service of process.  Some States allow a process server to leave a summons and complaint at your address with a family member.  I am unaware of any State that considers service of process to be complete by leaving the paperwork on the ground at the incorrect address.  Should this be the case the court has not been properly been given subject matter jurisdiction or in personam jurisdiction due to the faulty service.  To see what is really going on you will have to go to the court clerk and look in the court case file to see what documents are there. You have the right to challenge the jurisdiciton of the court should you so desire but make sure that is all you do is challenge the jurisdiction of the court based on improper service.  This must be done by a special and not a general appearance.  Of course, you can respond to the summons and complaint with a response and a counterclaim.  Or, you can ignore this filing by the plaintiff until it becomes some sort of a problem for you at which time you can then mount another form of legal challenge called a void judgment.  One thing you may want to do immediately, no matter what avenue you decide to follow, is to have your brother write out an affidavit of what he knows of this and have it sworn before a notary public so you can use it as evidence for any subsequent legal activity.  You can also file a complaint with the court, the district attorney and with the Sheriff's office for the constable falsifying government documents by misrepresenting proper service of summons.   pd

        patricklara79 <patricklara79@...> wrote:
        My name is Patrick Lara. And I have a question about a (smal claims
        citation). I was Informed by my brother that papers had been served to
        me but my question is that the constable in Navasota Tx. She did not
        serve them to me. The small claims citation was left on my brothers
        dooor step but yet in the bottom right hand corner in hand writing it
        say (served 12-15-05. Also the constable left it at the wrong address.
        and so about a week later my mother finally brought them to me.

        The plintff in this matter is BRYAN TEXAS UTILITIES  for the amount of
        710.57. 

        Please if anyone has any comments on this matter please write and  for
        I dont know what to really do



        Thanks Patrick William Lara







        Yahoo! DSL Something to write home about. Just $16.99/mo. or less
      • Don Schwarz
        Get thee to a law library and research about service . Find court rulings regarding proper service. You may not have been properly served and the notice is
        Message 3 of 8 , Jan 7, 2006
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          Get thee to a law library and research
          about "service".

          Find court rulings regarding proper service.

          You may not have been properly served
          and the notice is without standing.




          At 01:16 AM 1/7/06 +0000, you wrote:
          My name is Patrick Lara. And I have a question about a (smal claims
          citation). I was Informed by my brother that papers had been served to
          me but my question is that the constable in Navasota Tx. She did not
          serve them to me. The small claims citation was left on my brothers
          dooor step but yet in the bottom right hand corner in hand writing it
          say (served 12-15-05. Also the constable left it at the wrong address.
          and so about a week later my mother finally brought them to me.

          The plintff in this matter is BRYAN TEXAS UTILITIES  for the amount of
          710.57. 

          Please if anyone has any comments on this matter please write and  for
          I dont know what to really do



           Thanks Patrick William Lara







           
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        • Advancepum@aol.com
          What I d do is have your brother do an Affidavit of TRuth and file it in the case that told the facts. ie. you don t live at your brother s home and that
          Message 4 of 8 , Jan 7, 2006
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            What I'd do is have your brother do an Affidavit of TRuth and file it in the case that told the facts. ie. you don't live at your brother's home and that therefore they didn't serve you and that the server didn't even serve it on anyone but left it on your brother's step rather than serve it to a person that admitted to being you as they must do in order to have a legal service. (I used to do service and that just ain't correct)
            Chicago Paul

              She did not
            serve them to me. The small claims citation was left on my brothers
            dooor step but yet in the bottom right hand corner in hand writing it
            say (served 12-15-05. Also the constable left it at the wrong address.
          • Christopher Dilts
            Hello If served to wrong address then service was never proper. Which means no personal jurisdicition by can be obtained any court which may try to enter an
            Message 5 of 8 , Jan 9, 2006
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              Hello

              If served to wrong address then service was never proper. Which means no personal jurisdicition by can be obtained any court which may try to enter an order. If order is entered against you can move for a motion to vacate on those grounds. Hope this helps


              From: "patricklara79" <patricklara79@...>
              Reply-To: tips_and_tricks@yahoogroups.com
              To: tips_and_tricks@yahoogroups.com
              Subject: [tips_and_tricks] I have a Question
              Date: Sat, 07 Jan 2006 01:16:04 -0000

              My name is Patrick Lara. And I have a question about a (smal claims
              citation). I was Informed by my brother that papers had been served to
              me but my question is that the constable in Navasota Tx. She did not
              serve them to me. The small claims citation was left on my brothers
              dooor step but yet in the bottom right hand corner in hand writing it
              say (served 12-15-05. Also the constable left it at the wrong address.
              and so about a week later my mother finally brought them to me.

              The plintff in this matter is BRYAN TEXAS UTILITIES  for the amount of
              710.57. 

              Please if anyone has any comments on this matter please write and  for
              I dont know what to really do



              Thanks Patrick William Lara







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            • CCDude
              RE: Property Appraisal - any help appreciated Letter of complaint - sent to App. Dist. Letter rec d back from them Any help appreciated in a rebuttal letter to
              Message 6 of 8 , Jan 9, 2006
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                RE: Property Appraisal - any help appreciated
                 
                 
                 
                Letter of complaint - sent to App. Dist.
                Letter rec'd back from them
                 
                Any help appreciated in a rebuttal letter to their reply...
              • danny wayne
                One thing we have in Oregon is an oath the appraiser must take when he completes the appraisal process that the appraisal is true and complete. I myself chose
                Message 7 of 8 , Jan 10, 2006
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                  One thing we have in Oregon is an oath the appraiser must take when he completes the appraisal process that the appraisal is true and complete.

                  I myself chose to give the property to the Lord and declare it family burial grounds which is exept from taxation, and you must live onl the land so claiming.  But the fact that the property was bought with lawful and an affidavit filed with the county assessor removes it from the jurisdiction  of the county.  Keep the deed in your files and do not file with the recorder of deeds.

                  That process removes it from commercial status.

                  On a conversation with the assessor, he ask if the Lord accepted the Land.  I said he did not reject it.  It is the Lord's and land in the first.

                   

                  Dan



                   


                  From: "CCDude" <ccdude@...>
                  Reply-To: tips_and_tricks@yahoogroups.com
                  To: <tips_and_tricks@yahoogroups.com>
                  Subject: [tips_and_tricks] RE: Property Appraisal - any help appreciated
                  Date: Tue, 10 Jan 2006 00:21:35 -0600

                  RE: Property Appraisal - any help appreciated
                   
                   
                   
                  Letter of complaint - sent to App. Dist.
                  Letter rec'd back from them
                   
                  Any help appreciated in a rebuttal letter to their reply...



                  ><< AppraisalLetters-Fist-LetterBack.pdf >>

                • Advancepum@aol.com
                  In a message dated 1/10/2006 8:30:54 AM Pacific Standard Time, ... What you don t want to do is go into the court and answer the complaint. If you have the
                  Message 8 of 8 , Jan 11, 2006
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                    In a message dated 1/10/2006 8:30:54 AM Pacific Standard Time, christopherdilts@... writes:

                    Please if anyone has any comments on this matter please write and  for
                    I dont know what to really do



                    Thanks Patrick William Lara


                    What you don't want to do is go into the court and answer the complaint.
                    If you have the party that received the summons do an affidavit that it was delivered to him and that you do not live there. then have him file it into the record. that way the information got into the record but you haven't gone into the court and given them anything. not even an address to searve you at.
                    Chicago Paul
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