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Evidentiary Hearing on Motion to Vacate Due to Lack of Service

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  • 07-19-2008, 08:24 AM
    icarus
    Evidentiary Hearing on Motion to Vacate Due to Lack of Service
    My question involves small claims court in the state of: Florida

    The circuit Judge has decided to hold "evidentiary hearing" on my request to vacate a small claims default judgment entered against me -- due to lack of service (the plaintiff's CORRUPTED process server never served me with anything, although they claim they did)

    The judge has sent the letter to the plaintiff's attorney and he requested that the process server be present for that hearing.

    My question is, what does normally happen at this type of hearing? What specifically is "evidentiary hearing" particularly in relation to my claim of lack of service; is there anything I can do to provide evidence that I was not served papers (perhaps a sworn affidavit?) as the plaintiff's process server claims? Does plaintiff's process server usually shows up at these anyway (if he/she doesn't I suspect I will be granted my motion)?

    Thanks!
  • 07-19-2008, 08:27 AM
    seniorjudge
    Re: Evidentiary Hearing on Motion to Vacate Due to Lack of Service?
    Q: My question is, what does normally happen at this type of hearing? What specifically is "evidentiary hearing" particularly in relation to my claim of lack of service; is there anything I can do to provide evidence that I was not served papers (perhaps a sworn affidavit?) as the plaintiff's process server claims? Does plaintiff's process server usually shows up at these anyway (if he/she doesn't I suspect I will be granted my motion)?


    A: I've never noticed anything normal in the court system. The plaintiff's process server will testify under oath he served you. You will testify under oath that he did not. The judge will make a decision. It will take about three minutes.
  • 07-19-2008, 08:52 AM
    icarus
    Re: Evidentiary Hearing on Motion to Vacate Due to Lack of Service?
    Quote:

    Quoting seniorjudge
    View Post
    A: I've never noticed anything normal in the court system. The plaintiff's process server will testify under oath he served you. You will testify under oath that he did not. The judge will make a decision. It will take about three minutes.

    Wow, so it's the >her word against mine< type of thing? Well, in that case I stand no chance, right, since the process servers are bonded (whatever that means) and serve the court system.

    So does that mean that the process server can readily accept cash payment from the plaintiff in exchange for claiming that they served whomever? Isn't that arrangement a bit ripe for abuse?

    I mean for $100 cash one corrupted prick in theory can mess up someone's life for 20 years, and we call that what, a "system"?

    Does anyone know how can I complain against the crooked process server? How can they be found liable for their b.s. acts?
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