My question involves court procedures for the state of: Indiana.
I'll start by saying that I'm not an attorney, but I'm a deputy Clerk in a Court that handles lots of civil cases.
I know that Indiana Trial Rule 4.1 says that service does not need to be made in person (i.e The Sheriff posting a summons to your door, then mailing a copy to you.)
In my Court, that is considered good service in all cases. There are some cases when the copy that was mailed by the Sheriff is returned by the post office as Undeliverable (vacant home, not at this address, etc.)
The Judge of my Court will grant default Judgment on cases even when the returned mail is in the case file.
The trial rule makes no mention of this situation and I'm wondering if this is still good enough service to grant a Default Judgment. When I'm entering huge amounts of money into the case management system, it makes me a little uncomfortable to think that the Defendant may have no idea this is happening.
I'll start by saying that I'm not an attorney, but I'm a deputy Clerk in a Court that handles lots of civil cases.
I know that Indiana Trial Rule 4.1 says that service does not need to be made in person (i.e The Sheriff posting a summons to your door, then mailing a copy to you.)
In my Court, that is considered good service in all cases. There are some cases when the copy that was mailed by the Sheriff is returned by the post office as Undeliverable (vacant home, not at this address, etc.)
The Judge of my Court will grant default Judgment on cases even when the returned mail is in the case file.
The trial rule makes no mention of this situation and I'm wondering if this is still good enough service to grant a Default Judgment. When I'm entering huge amounts of money into the case management system, it makes me a little uncomfortable to think that the Defendant may have no idea this is happening.
Service of Process: Proof of Service for Default Judgment
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