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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    Mississippi does not allow service of process by mail. Period. The rule you cited allows the plaintiff to send a request for waiver of service to the plaintiff by mail. If the plaintiff does not return the waiver, you don't have good service. You then have to actually serve the summons and complaint on the defendant.

    The Alabama rule clearly contemplates a signature, as it is referenced in the rule.

    You haven't cited a rule that authorizes service of process in the manner you originally described.
     
  2. TROOPER to TRUCKER

    TROOPER to TRUCKER Prayer Changes Everything

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    Very happy slicing and dicing now
     
    alghazi Thanks this.
  3. UsualSuspect

    UsualSuspect Road Train Member

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    This is from Alabama's Rule 4 for Civil Procedures, it is clear, you don't need one.

    "If service of process is refused, and the certified mail receipt or the return of the person serving process states that service of process has been refused, the clerk shall send by ordinary mail a copy of the summons or other process and complaint or other document to be served to the defendant at the address set forth in the complaint or other document to be served. Service shall be deemed complete when the fact of mailing is entered of record."
     
  4. alghazi

    alghazi Road Train Member

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    My apologies for taking the thread off track. Please allow me to steer this back to something remotely relevant to the OP's post.

    The contract he signed with CRE has a choice of law, jurisdiction and venue provision that specifies Utah law governs the contract and that all legal actions must be filed in Utah courts.

    Utah allows service by certified mail or private courier, and the rule requires the defendant's signature acknowledging receipt for service to be effective.
     
  5. UsualSuspect

    UsualSuspect Road Train Member

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    Utah, my favorite state. Utah is one of the few that require a signature, however, if the Process Server in Utah cannot serve you, or locate you, they can request the Magistrate issue an Arrest Warrant so that a signature may be obtained. There are only 3 states that allow an arrest warrant to be issued to serve you, Utah, Wyoming, and Idaho. Basically you get arrested wherever you are, they fax or email a copy of the summons, have you sign it, the Magistrate then recalls the warrant and you continue down the road.
    A Petitioner can appear in person, and request a Magistrate, serving within the State of Utah on a District Level Court or higher, to waive the signature requirement if the Process Server can demonstrate they have exhausted all means to notify the defendant(s) in small claims causes. West Law, Marigold V MidWest Collections, 1997 Utah Court of Appeals, affirmed by the US Court of Appeals, 1999.
    Signatures are not absolute in Utah either. Why would anyone sign them if they were? There are always exceptions to the statutes, you have to go find them.
     
  6. BUMBACLADWAR

    BUMBACLADWAR Road Train Member

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    They dont own your CDL! Its state issued.They can put BS on your DAC report,talk you down in creative ways,thats it.
     
  7. Akmack

    Akmack Bobtail Member

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    I used to drive for CR ENGLAND and quit before their contract was up. Now I can't get hired anywhere else due to this stupid contract, I don't mind paying them back but I have to be able to work to do so. Anyone have a Idea of where I can work or how to get Cr England to drop the contact.
     
  8. Akmack

    Akmack Bobtail Member

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    Can someone please help me out!!! I was a driver for CR ENGLAND. Now I can't get hired anywhere else due to this stupid contract. I don't mind paying them back but I have to be able to work to do so.
     
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