DerryNews.com, Derry, New Hampshire

Crime / Court

September 1, 2011

The IRS has a long reach for back taxes

(Continued)

If, in fact, a case was pursued to the end and if, in fact, a judgment entered without proper service of process, then, lacking service, the court had no jurisdiction and lack of jurisdiction is one of the few defenses available at any time, even after the case is over.

But, there's another possibility. You may have signed an acceptance of service. This waives the need to have a sheriff or other process server actually serve papers.

Depending on the papers that you may have signed you might have signed a waiver of attendance at the final hearing. However, these possibilities are speculation on my part.

Examination of the actual court file is the only way to discover the true status of your case. You might make copies of the file and take them to an attorney who will know the local rules of court procedure and the applicable statutes.

• • •

Andrew Myers of Derry has law offices in Derry and North Andover. He is a member of the American Association for Justice and the New Hampshire Trial Lawyers Association. Send questions to andrew@attorney-myers.com.

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