Q: What to file for fraudulent SERVICE to allow to counterclaim on SMALL CLAIMS case (6/28) scheduled for default on 12/26?
Small claims case is scheduled for default hearing on 12/26, AFFIDAVIT OF SERVICE filed 07/01 appears to be fraudulent. What to file to remove default and allow to counterclaim? Defendant learned about the case after 30+15 days ellapsed, filed on 10/16 Opposition to "Request for Default Judgement" for Failure to serve and on 10/24 Motion for Emergency Special Set Hearing. Both seemed to be ignored, on 11/14 Default hearing scheduled for 12/26. (Suspect Plaintiff to accept service in place of Defendant.) AFFIDAVIT OF SERVICE shows swearing to service (6/28) before the alleged service performed (6/29). Case is filed on 6/28 4:42PM. (Plaintiff chose to pay to private server 2.5 times the amount of service offered by the court.) Plaintiff knew Defendant's absense and had access to the Defendant's house. Never requested a mailing address. Case is weak on merits, but causing substancial ongoing damage to Defendant to the day beyond $15000 allowed in small claims, will settle for $15000.
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