Page 117 - Judgment Enforcement Course

Judgment Enforcement – The Step-by-Step Course

UWho received the papers?

Again, there are 4 kinds of service: Personal service and substituted service.
✓ Personal service is when the legal papers are personally handed to the
person being served for the lawsuit.

✓ Substituted service is when someone other than the person being sued
is handed the papers.

✓ Service by Mail

✓ Service by publication (rare)

In most small claims courts, substituted service is a “good serve” if the papers are
handed to a competent adult at the person’s home or place of business. In civil court
(courts that are for money suits higher than the small claims limit), a sheriff or RPS may
have to make the serve. It varies by state.

In almost all cases, a good substituted service is equal to a good personal service. But in
some situations, personal service may be considered more valid than substituted service.
For example, a substituted service may have been made upon a person of a household –but
the defendant had already moved. That’s not a “good serve.” Or, a substituted service

may be upon an office secretary of a company where the JD can show he no longer
worked. That’s also not a “good serve.”
Me

A Peter Story: I had a 117K judgment against a person who owned a residence
hotel in San Diego. The sheriff sub-served the debtor by serving “John
Doe— the individual behind the hotel counter, apparently in charge.
He would not give his name.” Later the debtor claimed he had sold the

hotel a year before the sheriff served the papers. In fact, he really had
sold it. The judgment was thrown out.

I’m not trying to alarm you. I’m just forewarning. I’ve had more than
a few of these, and they’ve caused me problems. I don’t want it to happen to you.

UWas a Corporation served, or an Individual?

Many creditors think they have a judgment against an individual, when in fact it is only

against a corporation. For example, look closely at this caption from a judgment below for
$11,230.

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