Can you be “served” through email?
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Can you be “served” through email?
My father’s checks are being garnished but he was never served papers and never had the chance to rely to the summons. The people that served him said they served him via email. Can they do that?
Asked on April 15, 2012 under Bankruptcy Law, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This is NOT valid service of process.
The opposing party obtained a default judgment against your father when he did not timely file an answer to the complaint (complaint is the lawsuit attached to the summons) with the court and serve it on the opposing party. Your father should file a motion to set aside the default. His argument is that he was never served with the summons and complaint and therefore did not have an opportunity to timely file an answer to the complaint with the court and serve it by mail on the opposing party.
If the court grants your father's motion to set aside the default, the wage garnishment should be halted and the case will be back on track and litigation will continue.
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