Can a lawsuit order be invalid if I was served improperly?

Hawaii Law Forum
1

So, I was served in-state for a lawsuit, but I was actually out of state at the time. Does that make the court order invalid if I can prove it? Anyone know how this works?

2

If you didn’t object to improper service when it happened, it’s usually considered waived, meaning you can’t bring it up now. Did your attorney know you weren’t served correctly?

3

Hale said:
If you didn’t object to improper service when it happened, it’s usually considered waived, meaning you can’t bring it up now. Did your attorney know you weren’t served correctly?

Yeah, I think so, but the judge just went on leave for months after that. Never even responded to the motions I filed.

4

Hale said:
If you didn’t object to improper service when it happened, it’s usually considered waived, meaning you can’t bring it up now. Did your attorney know you weren’t served correctly?

Bummer! So, even if they didn’t serve you right, if you had a chance to show up, it won’t matter?

5

@Crosby
Yep, sadly. Courts usually assume if you were there, the lack of proper service didn’t hurt your ability to defend yourself.

6

Anyone can file a motion to amend the complaint. Have you thought about amending or adding something about the improper service?

7

Notalegalexpert said:
Anyone can file a motion to amend the complaint. Have you thought about amending or adding something about the improper service?

I was thinking of adding something, but I’m not sure. Guess I’d need to file a motion to amend, right?

8

@Layne
Yep, you’d have to submit a motion with the proposed changes attached. Pretty standard, though!

9

Quick question… can you represent your family members in this case too? Like, add them on as plaintiffs?

10

Jai said:
Quick question… can you represent your family members in this case too? Like, add them on as plaintiffs?

I wanted to add my daughter, but she was a minor at the time. She’s older now but still dealing with it.

11

@Layne
I think she’d need her own attorney, or she’d have to represent herself if she’s not a minor anymore.

12

If you’re submitting extra stuff, just make sure it’s before the deadline. Late filings are rarely accepted!

13

Carmine said:
If you’re submitting extra stuff, just make sure it’s before the deadline. Late filings are rarely accepted!

Good point. Thinking about adding an opposition addendum, but gotta check that deadline. Thanks for the reminder!