2020-12-07 - Scott v. Moon Mk VI(?)

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Kosher Salt said:
That is substitute service, which can only be made after motioning for substituted service and receiving the court's approval, which didn't happen, and substitute service typically wouldn't be granted anyway unless the party can show that attempts at ordinary service were made without success.

Also, this lawsuit was happening in a Federal district court in Virginia, so it would follow the Federal Rules of Civil Procedure (as it cites to in the entry of default), not Florida's.
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That depends on the jurisdiction, Texas requires a motion for substituted service under Rule 106, but VA and Florida don't require such a motion.

Also, re-read FRCP 4(e)(1):
FRCP 4(e): Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served in a judicial district of the United States by:

(1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made; or
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That threw me off at first too, it's really easy to miss.

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Useful_Mistake said:
Newest fillings by Null's lawyer can be found here




Service was not legit.
View attachment 1774573View attachment 1774574


Null's trying to get the default overrulled, and the lawsuit to be dismissed. But, yeah, probably.
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>Clerk forgot to put in the court name when issuing the summons. :story:
The service probably isn't legit, but it just isn't clearly legitimate on it's face. I have no idea if Allen Upson is even a certified process server, which is a requirement in Florida. The subpoena also failed to list the name of the employee, so it's questionable if the employee was "in charge of" the mailbox. 48.021(6) is just a fucked up way to provide service though.
 
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karz said:
I'm surprised Scott isn't considered a vexatious litigant at this point in time.
What is this, lawsuit number three against the Farms?
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It depends on the state. Usually there's a minimum of actions, type, and whether any of them make it to trial. I'd guess she's hit her limit with this given prior unsuccessful claims.
 
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jspit2.0 said:
It depends on the state. Usually there's a minimum of actions, type, and whether any of them make it to trial. I'd guess she's hit her limit with this given prior unsuccessful claims.
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Getting someone declared vexatious is harder than it seems. If Russell Greer hasn't been declared one for vexatious litigation against a series of rich and famous people, the chances for Melinda to get hit for vexatious litigation against nobodies is slim.
 
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jspit2.0 said:
It depends on the state. Usually there's a minimum of actions, type, and whether any of them make it to trial. I'd guess she's hit her limit with this given prior unsuccessful claims.
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It's Virginia, the courts are very tolerant about this bullshit there. In Adkins v. CP/IPERS Arlington Hotel LLC: https://law.justia.com/cases/virginia/supreme-court/2017/160685.html the VA supreme court issued a pre-filing injunction on appealing against the Plaintiff because she filed 27 appeals to the VA Supreme Court. She had filed 41 bullshit lawsuits and the court did not issue an injunction against her for filing lawsuits.
 
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It's great that the legal equivelent to a spastic child finally getting a block through the correct hole exists. In all seriousness it's fucking retarded that this toothless hillbilly gets this many tries and eventually gets one through. Hopefully Jersh can call her a horny jewess for the official court record.
 
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The reply to her nonsense is quite convincing. It's amazing what a legal document looks like when it's written by an actual competent lawyer instead of some psycho or literal retard.

I know it'll never happen but in the alternative of seeking damages from a broke nut like Scott, a defendant should be able to get paid out of the salary from whatever functionary in the court system let this crap actually stand long enough to require him to pay for a lawyer.
 
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grabbing my popcorn lol, will her husband smite the Resurrection of the devil, Joshua Moon? or will they SchizoLARP for 5 more years?
 
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