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  1. #1

    Default How Can I Convince the Judge to Cross Examine the Process Server's Testimony

    My question involves collection proceedings in the State of: WA.
    Hi, Good morning, AND HAPPY NEW YEAR Everybody PEACE & PROSPER 2011.

    Moving party defendant as a pro se, while pleading in the court, for motion to show cause/motion to vacate the judgment order, how can i convince/ request the judge to cross exmine the server's testimony for improper service of notice to defendant.

    In his testimont he said , he served the papers to john doe the resident, who refused to give his name leaving the document there and then.(his testimony is not noterized).then how can he claim he served the papers to the right person/place without the veryfication of the resident's identification

  2. #2
    Join Date
    Sep 2010
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    Default Re: How Can I Convince the Judge to Cross Examine the Process Server's Testimony

    Judges don't cross-examine people.
    Why would testimony need to be notarized?
    If the address he claims he delivered is the address of the person being served, the name of the person accepting the service is immaterial. Here's the wording from the statute

    (15) In all other cases, to the defendant personally, or by leaving a copy of the summons at the house of his or her usual abode with some person of suitable age and discretion then resident therein

  3. #3

    Default Re: How Can I Convince the Judge to Cross Examine the Process Server's Testimony

    Hello Mr Flyingron, good afternoon.

    Sorry for the confusion. In the court hearing, I requested the judge to subpoena the server and allow me to cross examne the server, so I can bring the truth in the court, that i was not served properly. But the judge denied my request to cross examine the server. Without cross examning the server i can not prove that I was not served properly. My question is how can I covince /request the judge to allow me to cross examine the server for fair justice.

    From my understanding the server came in my neighborhood or at my adress talked to someone(possibally a neighbor/ labor) who refused to give his name leaving/ or not leaving the papers, because I never received a notice.

    I believe I was not properly served, so should given a chance to cross examine the server to prove improper service and defend my case. Am I not entiteled to that cross examination. Thank You.

  4. #4
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    Default Re: How Can I Convince the Judge to Cross Examine the Process Server's Testimony

    You're not cross-examining him, that's direct testimony.

    Again, it matters NOT who he talked to. If he went to your residence and there was an adult there that he could give the papers to, YOU WERE SERVED. It matters not if YOU got the papers. The requirements for service have been m et.

    The judge isn't likely to allow you to examine the process server because it doesn't change the outcome.

  5. #5

    Default Re: How Can I Convince the Judge to Cross Examine the Process Server's Testimony

    So that means I cannot object the testimony that leads to the default judgement, in which I was not given a chance to defend my self in the court by not reaching/ or properly serving the notice to me, or forced to accept the default judgement without defence. I had said in my affidavite under the oath that he did not left any papers at my adobe or I have not received any notice at my resident. as my understanding of rcw 4 } d , notice is served when papers are left at the right residence, what happens when the papers are not served on right adress or papers are not left there.

  6. #6
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    Default Re: How Can I Convince the Judge to Cross Examine the Process Server's Testimony

    Quote Quoting jslabana
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    So that means I cannot object the testimony that leads to the default judgement, in which I was not given a chance to defend my self in the court by not reaching/ or properly serving the notice to me, or forced to accept the default judgement without defence. I had said in my affidavite under the oath that he did not left any papers at my adobe or I have not received any notice at my resident. as my understanding of rcw 4 } d , notice is served when papers are left at the right residence, what happens when the papers are not served on right adress or papers are not left there.
    Are you saying that the address that the process server served the documents is not your address? You have a default judgment correct? You now have to open the default judgment...focus on how to do that. Time is ticking away ... the longer you wait the harder it is ... Your inaction to a complaint is what caused your default judgment. Your affidavit claimed that he did not leave papers at the address he said he did in his statement? Is this small claims? A judge would not issue a subpoena - the clerk & you would. You need to get an attny as I think you are over your head here. I was a process server ... anybody over 12yrs old I could serve ... what the 12 yr old kid does with it I did not care...it was served correctly.

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