moncler outlet POS And AKAs - written by Mark Shap

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Proof Of Service (POS) is documented proof that your legal document or pleading has been served and delivered on the proper party(s). Proof of service needs to be served by a third-party. POS is always very important at each required step in a successful lawsuit or (perhaps a partial) enforcement of a judgment. In California, some relevant laws are [url=http://www.moncleroutletosterblade.com]moncler outlet[/url] CCP 17, CCP 412.20, CCP 415, CCP 412.10, CCP 420, and CCP 422.10, and government codes 22 and 26660.
My articles are my opinions and are not, legal advice. I'm a judgment broker, and not an attorney. If you ever want [url=http://www.gotprintsigns.com/abercrombiepascher/‎]abercrombie pas cher[/url] a strategy to use or legal advice, please contact an attorney.
When the judgment debtor gets served with a name different from that on the judgment, the POS may be rejected. This problem may come up [url=http://www.mxitcms.com/abercrombie/]abercrombie[/url] when the judgment debtor uses more than one name, with AKAs (Also Known [url=http://www.mnfruit.com/louboutinpascher.php]louboutin pas cher[/url] As). For example, Dan Debtor got sued to get your judgment, and then you find out later the debtor owns no assets using that name; and he owns available assets with his AKA name of David Debtman. If a proof of service for any post-judgment document or pleading names anybody other than Dan Debtor, it may and probably should be refused by the court.
When the debtor [url=http://www.jordanpascherofficiele.com]air jordan pas cher[/url] uses an AKA, depending on which state, an affidavit of identity with proof they are using their AKA name, may allow you to get that judgment amended to add their AKA. Note that generally, you cannot add additional debtors to a judgment, just AKAs of the judgment debtor. If an affidavit of identity or its equivalent is not done, you could provide a short declaration of their other name [url=http://www.jeremyparendt.com/Barbour-Paris.php]barbour pas cher soldes[/url] with your document package; although any name on the proof of service needs to exactly match the name as shown on the notice of that lawsuit and as listed on the judgment.
There's a difference between filing your document with the court, and having a document issued by a court. When [url=http://www.rtnagel.com/louboutin.php]louboutin pas cher[/url] a court rejects your proof of service because a debtor wasn't named correctly, that is a wonderful way and time to learn about this type of issue. One might decide to resist that court clerks's refusal. Remember, it's important to always pick all your battles carefully, [url=http://inclamar.com/forum/discussion/96339/michael-kors-outlet]abercrombie soldes Sony Tab 20 an amazing big Tab - written by Brooke M. Perry[/url] and perhaps appreciate and understand the reason the court refused the proof of service.
Generally, if someone filing their document believes their legal document is perfectly fine, however the court clerk refuses to file it; they can probably ask that clerk to "demand file" the document. The clerk stamps the document "received" rather than of "filed" and will stamp your legal document with "filed on demand", often with red ink, and often a judge will later review the document and make a judicial decision about the legality of filing of it.
A bad way and time to find out about a proof of service listing problem is to have your lawsuit tossed out of court by a court, or for a POS problem to cause [url=http://hqsyw.my.phpcloud.com/upload/forum.php?mod=viewthread&tid=636468]hollister france Watch Zee TV Shows Online - Start to Watch ZEE TV Online Today[/url] a big post-judgment garnishment to fail. In [url=http://www.sandvikfw.net/shopuk.php]hollister outlet sale[/url] an ongoing lawsuit AKA name situation, an amendment to your original complaint could correct that problem. It is a good idea to learn all the alternative names of your defendant prior to suing them.
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POS And AKAsArticle Summary: There's a [url=http://www.mnfruit.com/louboutinpascher.php]louboutin[/url] difference between filing your legal document with the court, and having a document issued by a court. If your court rejects the proof of service because your debtor wasn't named correctly, that is the best time and way to discover this kind of issue. Of course, you might decide to resist that court clerks's rejection. However, it is important to always choose [url=http://www.jordanpascherofficiele.com]air jordan[/url] all your battles with [url=http://www.jeremyparendt.com/Barbour-Paris.php]barbour france paris[/url] care.
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