can cr england revoke a cdl they issued??

Discussion in 'CR England' started by lindag, Apr 10, 2013.

  1. alghazi

    alghazi Road Train Member

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    In what state is mailing a summons and complaint to the defendant valid service? Most states require either personal service or residence service.
     
  2. TROOPER to TRUCKER

    TROOPER to TRUCKER Prayer Changes Everything

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    I got served few notices to appear in court.
     
  3. alghazi

    alghazi Road Train Member

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    I mean the defendant in a civil case. Pretty sure that has to be personally served or residence service.
     
    TROOPER to TRUCKER Thanks this.
  4. Gearjamingtrucker32

    Gearjamingtrucker32 Bobtail Member

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    Yup, but no a company can not put a hold on ur CDL once you get it its yours.
     
  5. Gearjamingtrucker32

    Gearjamingtrucker32 Bobtail Member

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    but was you threatened that if you didnt pay up they would garnish your wages.
     
  6. TROOPER to TRUCKER

    TROOPER to TRUCKER Prayer Changes Everything

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    I was speaking on civil court. Paid my driving school,
     
  7. UsualSuspect

    UsualSuspect Road Train Member

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    In most states, if they knock on your door and they are told you do not live there, they can't find a forwarding address, and the process server will note the date/time service was attempted. The process server will them put a copy into the mail, and advise the court they attempted service, were unable to locate you, and they sent a copy of the summons to your last known address. They will tell the court it was either returned, or not returned. The Court will then post a notice at the Court advising a date/time of your Court Hearing. You won't showup, and the creditor gets a default judgement. It is done all the time. The Courts feel once a judgement hits your credit report, you will most likely find the court and request a new hearing date.
    If you don't they will proceed, usually within 60-90 days after the judgement and start garnishing wages. Happens all the time, making yourself unavailable does not let you off the hook.
     
  8. alghazi

    alghazi Road Train Member

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    The lawsuit will be dismissed for lack of service of process. The procedure you outlined is not good service in most courts.
     
  9. UsualSuspect

    UsualSuspect Road Train Member

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    You may want to double check. We are discussing CRE, which has an inhouse financier, most contracts outline the state which the action will be filed in. CRE and it's agents will bank on the clause that has the action take place in their home state, not yours, and you most likely will not be able to appear as you will need to travel there. Just as an fyi - you may want to brush up on your civil law, mail by service is allowed in both states you cited.

    Alabama Law:
    Service by Certified Mail.

    When Proper.
    When the plaintiff files a written request with the clerk for service by certified mail, service of process shall be made by that method.

    How Served.
    In the event of service by certified mail, the clerk shall place a copy of the process and complaint or other document to be served in an envelope and shall address the envelope to the person to be served with instructions to forward. The clerk shall affix adequate postage, and place the sealed envelope in the United States mail as certified mail with instructions to forward, return receipt requested, with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered. The clerk shall forthwith enter the fact of mailing on the docket sheet of the action and make a similar entry when the return receipt is received.

    When Effective.
    Service by certified mail shall be deemed complete and the time for answering shall run from the date of delivery to the named addressee or the addressee’s agent as evidenced by signature on the return receipt.

    Failure of Delivery.
    If the receipt shows failure of delivery to the addressee or the addressee’s agent, the clerk shall follow the notification procedure set forth in subsection (b)(4) of this rule. Failure to make service within the thirty-day period and failure to make proof of service do not affect the validity of service.


    This is the law in Mississippi:
    By Mail.
    • A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (4) of subdivision (d) of this rule by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served, together with two copies of a notice and acknowledgment conforming substantially to Form 1-B and a return envelope, postage prepaid, addressed to the sender.
    • If no acknowledgment of service under this subdivision of this rule is received by the sender within 20 days after the date of mailing, service of such summons and complaint may be made in any other manner permitted by this rule.
    • Unless good cause is shown for not doing so, the court shall order the payment of the costs of personal service by the person served if such person does not complete and return within 20 days after mailing the notice and acknowledgment of receipt of summons.
    • The notice and acknowledgment of receipt of summons and complaint shall be executed under oath or affirmation.
     
  10. alghazi

    alghazi Road Train Member

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    You might want to read the rules you copied and pasted.

    In Mississippi service by mail is effective only if the defendant signs a waiver of service of process and returns it to the plaintiff. If he doesn't sign the waiver and return it, it is not good service and it will have to be personally served.

    You can't just drop it in the mail and call it a day.
     
    Last edited: Nov 9, 2016
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