Exam 5: Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

The summons may not be served electronically.

Good cause to set aside a default judgment does not include

The Process Receipt and Return form must be filed when service of process is by

How is federal service of an in-state corporation accomplished?

Case deadlines stem from the initial client interview.

Papers subsequent to the complaint should be served on the party's attorney.

Default judgments may award amounts greater than those requested in the complaint.

In serving an officer of the United States, service is complete simply by serving a copy of the summons and complaint on the U.S. Attorney General.

The summons is the document that states the time in which the plaintiff must appear and defend.

Assume that you work for the firm that is representing Richard Hart and that for purposes of this problem, Mr. Hart is elderly and not well educated. He comes to your firm six months after a default judgment has been entered against him. Your attorney assigns you the task of determining if limited capacity brought on by an aging and lack of education is sufficient good cause to have a default judgement set aside. Research the issue and prepare a brief outline on what facts are sufficient good cause to set aside a default judgment.

What is the purpose of the waiver of service of summons? What documents are needed for it? What documents are needed for service of process in your state?

Research Section 804 of the Federal Debt Collections Practices Act. Which of the following practices would be unlawful in trying to locate a defendant? a. A paralegal contacts a neighbor of the defendant to locate the defendant.

In your systems folder make a reference to the checklist for default judgment. Research the rules and forms applicable to obtaining a default judgment in your state courts, and draft a state checklist for default judgment. Add needed state forms to your systems folder.

What time limits are involved in setting aside a default judgment?

Assume you have hit a dead end trying to locate the defendant in your client's lawsuit. Your client is willing to pay only a small amount to continue the search. Go to the people locator sites listed in Google, Bing or other search engine and compare fees. What will the companies charge if the search is not successful?

Define CM/ECF and PACER; describe the benefits and procedures for both the e-filing and e-access processes. What are the federal rules and restrictions on electronic services of process?

A nongovernmental corporation must disclose any parent corporation

The e-filing system for many federal courts is

Using an approach similar to the Reference Guide and Checklist for Methods of Service, draft a state service of process checklist for your systems folder. Look up any needed information in your state's rules of civil procedure or state statutes to complete your checklist.

What is the clerk of federal court likely to ask the paralegal at the time of filing?