Q: Can the facts of Defendant’s contact to the judge with some letter and Motion to Transfer Case be recognized
as "De Facto" acceptance of Summons and awareness of the lawsuit?
The evading Defendant-Corporation has been served (improperly) with the Summons by Sheriff’s Department Officer, who served it on unauthorized individual. The Proof of Service was rejected by the court for this reason.
Later, the Corporation owner contacted to the judge with his Letter of General Denial and Motion to Transfer.
A:
Unless contact with the judge is expressly made by "special appearance" for purposes of bringing one of just a few motions before the court, such as a motion to quash service, any submission of documents and/or arguments will be considered a general appearance, giving the court jurisdiction over the party. If the other party has prepared and filed a general denial and made a motion to transfer, a general appearance has occurred.
Good luck to you.
Brad S Kane and Ian Pike agree with this answer
1 user found this answer helpful
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