What Happens After Preliminary Objections

[cmre3456]

Where are you? I very much doubt that you need a process server to file your answer.

Technically you don't. Only the original complaint and summons require an affidavit of service to be filed with the court. Our service rules are long, meandering and the method (the service) can be denied by the served party. "Everyone" uses the sheriff or a licensed process server.

In addition to the original filing, only in the initial response by the defendant ("entering the case") does almost everyone use a process server or the sheriff to avoid any chance of a claim of default. After that, attorneys may even email but usually won't accept that from a pro se. Regular mail with proper postage affixed and an affidavit of that at the bottom of each filing is sufficient. If I want to speed things up, I email a copy to the OP attorney, with a statement that it's also in the mail.

It's rules 7-9, and no one I know likes them. IMHO they need to be cleaned up. LINK

If you go out of the state and are involved in a car accident, the lawsuit would normally belong in the state where the accident occurred. But here we seem to be talking about an allegation of intentional conduct intended to harm a resident of Pennsylvania within the State of Pennsylvania. We don't have the full facts so we can't make a full analysis, but it's quite possible that the case is properly in Pennsylvania under the aforementioned long arm statute.

Yeah, I blew that. My bad. I should have refreshed my memory about the specifics of the states involved.

[tex11]

...In addition to the original filing, only in the initial response by the defendant ("entering the case") does almost everyone use a process server or the sheriff to avoid any chance of a claim of default...

What do you base the above statement upon

The Oregon rules on service subsequent to the original complaint are pretty straightforward, and allow even more leeway than other states.

An answer which is properly and timely filed in court, with an affidavit or declaration of service by the person making service per Rule 9C, is sufficient to avoid default.

Certified mail is often used to serve an answer to the attorneys office, or a pro se address of record. Using a process server or sheriff to serve an answer to an original complaint is overkill and a waste of money.

[cmre3456]

What do you base the above statement upon

The Oregon rules on service subsequent to the original complaint are pretty straightforward, and allow even more leeway than other states.

An answer which is properly and timely filed in court, with an affidavit or declaration of service by the person making service per Rule 9C, is sufficient to avoid default.

Certified mail is often used to serve an answer to the attorneys office, or a pro se address of record. Using a process server or sheriff to serve an answer to an original complaint is overkill and a waste of money.

I'm not going to argue what has happened to pro se responders when someone denied being served and filed a motion for default. $35 is pretty cheap to avoid that possibility and to prove your entry into the case. A lot of judges are looking for any excuse to get rid of a pro se.

[Mr. Knowitall]

Certified mail proves you mailed something - that could be an empty envelope.

If you want to create a presumption of proper service of a document, you file proof of service with the court describing what you served and a manner of service consistent with the court rules, typically first class mail.

[cmre3456]

Correct of course. If I want to create more than a presumption, and rather create proof that I entered a case within the prescribed time, and prove what I had served, I use a licensed and bonded process server or the sheriff's dept. They then file their own affidavit with the court.

After that I'm more than comfortable serving by regular mail and as I said, sometimes also emailing the doc. to the opposing attorney, stating that it's in the mail. Here's a screenshot of one of my most recent motions.

I don't have to change the footer from "complaint" to "motion" or other after the initial filing. The word Motion is prominent near the top, on the right.

[Wishfulthinking]

Calling somebody a criminal can certainly be defamatory, and in some contexts can constitute defamation per se. "He's a criminal" suggests that the person has committed a crime or has a criminal record - either way a factual allegation.

Do you have any facts you want to share on the issue of jurisdiction?

If the issue of jurisdiction has been properly raised with the court by motion, the court can either rule on the motion or reserve its ruling pending future developments or events. Depending upon the status of the case it's possible for discovery to occur while the motion remains pending.

If you don't raise the statute of limitations in a timely manner, often meaning at the time of your first responsive pleading, the court will deem it waived.

Please elaborate on this factual allegation thing for clarity purposes. For instance:
1. Person A says Person B is a convicted criminal with a criminal record. Person B has NO criminal convictions, and nothing on their record. Is person A guilty of defamation?
2. Person A says Person B is a convicted murderer, and holds the court documents that show Person B is a convicted murderer, is Person A guilty of defamation?
3. Person A says they believe because of incident 1, incident 2, and incident 3, Person B is a bully. Is Person A guilty of defamation?

I cannot since the facts are too specific. Under the long arm statute, it is impossible to establish minimum contacts though I doubt that will answer any questions for you.

SOL is 1 year correct?

[tex11]

Certified mail proves you mailed something - that could be an empty envelope.

If you want to create a presumption of proper service of a document, you file proof of service with the court describing what you served and a manner of service consistent with the court rules, typically first class mail.

The point cmre3456 was apparently making here is that the presumption an Answer was timely filed/served could be rebutted by the Plaintiff simply arguing he was not "served" the Answer in time.

And that despite an Answer being FILED on time, a Plaintiff could move for default. And that to avoid this potential pitfall, it is safer to have a sheriff or process server serve the Answer for $35 upon the Plaintiff (although in most places this cost is anywhere from $75 to over $100).

Filing a timely answer with the clerk of the court, together with proof of service, is MORE than adequate under the law to prevent default judgment.

There is no rebutting the presumption an answer was FILED on time if there is an answer on file with the court time stamped by the clerk on time.

If the court has an Answer that was FILED on time, together with a proof of service statement, a default judgment will NOT be granted simply because a plaintiff chooses to argue he was not properly served that answer. Even less so when a CMRRR number is included in the filing, and the delivery receipts available showing delivery to the address of record. While a late filing in itself may be a fatal error, issues with service are correctable.

A plaintiff receiving an Answer served by a sheriff or process server could be cause for grins that the defendant does not understand rules of procedure.

[cmre3456]

The point cmre3456 was apparently making here is that the presumption an Answer was timely filed/served could be rebutted by the Plaintiff simply arguing he was not "served" the Answer in time.

And that despite an Answer being FILED on time, a Plaintiff could move for default. And that to avoid this potential pitfall, it is safer to have a sheriff or process server serve the Answer for $35 upon the Plaintiff (although in most places this cost is anywhere from $75 to over $100).

Filing a timely answer with the clerk of the court, together with proof of service, is MORE than adequate under the law to prevent default judgment.

There is no rebutting the presumption an answer was FILED on time if there is an answer on file with the court time stamped by the clerk on time.

If the court has an Answer that was FILED on time, together with a proof of service statement, a default judgment will NOT be granted simply because a plaintiff chooses to argue he was not properly served that answer. Even less so when a CMRRR number is included in the filing, and the delivery receipts available showing delivery to the address of record. While a late filing in itself may be a fatal error, issues with service are correctable.

A plaintiff receiving an Answer served by a sheriff or process server could be cause for grins that the defendant does not understand rules of procedure.

You know, you're taking all of the fun out of this. I enjoy listening and learning, and especially learning about how people handle things in their state and within their local rules. I rounded off a number because I wasn't giving advice about paying the sheriff. It's actually $36 to serve up to two people at the same address. ORS 21.300

Now, I'm not even going there about whether I can trust a judge to give me a lawful ruling as a pro se. Some are actually hostile, while others are helpful. We have a lot of them (35 last I checked) and the case is assigned AFTER it's filed and sometimes after it's answered. Sometimes one judge is assigned and then that changes before trial.

If you actually get proper rulings under the law by all judges 100% of the time I'm most happy for you. You never then have grounds for, or the nuisance and expense of, an appeal.

Just don't bother telling me that I can count on getting a fair, just and lawful ruling because I long ago stopped being that naive.

I will always spend that $36 to enter the case if I'm on the defendant side of the case. Taken as a whole, it's cheap insurance. First appearance fees are $240 per person named. Don't argue that either. Been there done that too often. If I file a complaint against two people, they each have to appear.

"Grins" are preferred to a ruling of default because the OP isn't honest and the judge wants to blow the case off.