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  1. #1

    Default Service of Process, the Hague Convention and Proof of Access to the Court's ePortal

    My question involves court procedures for the state of: Florida
    This is an interesting series of events:
    1. Defendant is a resident of Israel, using the internet to Defame plaintiff and contacting individuals associated with the Plaintiff in Florida for the sake of hurting his reputation.
    2. Plaintiff (pro se) filled a defamation suit against Defendant, and sent Claim and summons to Defendant via regular mail.
    3. Defendant filled a motion to DISMISS shortly after (giving his home address) (but never asked that it be scheduled for hearing), claiming lack of service by Hague convention and diving in to the merits of the case and essentially submitted a defense under a the title to dismiss.
    4. Defendant registered himself to the eportal using a fake email (but operational one) from Iran masking his IP address via a VPN, calling himself Escaped Convict.
    5. Plaintiff filled motions for discovery, motion to compel, motion to strike pleadings, (hence motion to dismiss was stricken) motion for default judgment and finally obtained a final judgment.
    6. Plaintiff sent notices of the hearings via registered mail and to the email Defendant provided.
    7. days after final judgment was entered Defendant filed motion to vacate final judgment and a "renewed motion to dismiss", claiming lack of service by hague and excusable negligence.
    in support of these motions Defendant filled an aff. saying he thought that once he filled the motion to dismiss everything is ok and no further actions would be taken in the case. He said he was
    not aware of the proceedings, (omitting the fact the he registered using the phony e mail) and claiming he does not live at the address he provided on his first and only motion, and claimed his parents
    live there. (The same address he provided)
    The Defendant is an admitted pedophile but was very charged because he expressed remorse, and his actions were taken in retribution against the Plaintiff how exposed him as such.
    Any suggestions on how to attack this matter from Plaintiffs stand point?

  2. #2
    Join Date
    Jul 2018
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    1,222

    Default Re: Hague Convention and Usage of a Phony to E Mail to Sign on to the E Portal

    Hire an attorney.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,844

    Default Re: Service of Process, the Hague Convention and Proof of Access to the Court's ePort

    If you are telling us that the defendant was not properly served with the prior motion to dismiss for non-service, and is renewing it on that basis, then it is very possible that the court will entertain the defendant's arguments and potentially revisit its prior ruling on the issue.

    If you hope to convince the court that the defendant was aware of the motion by virtue of somebody signing up from somewhere and accessing the documents, how do you plan to prove that the access was not by a random stranger, by you, or by somebody acting on your behalf to try to make it appear that the defendant was using the portal?

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