In this order denying the debtors' motion to avoid a judgment lien, the court reiterated the paramount importance of providing proper notice to a defendant whose rights may be altered, and set out some guidelines for ensuring the achievement of proper service under the procedural rules. First, the defendant must be properly identified. Then, the plaintiff must figure out which method of service is appropriate, e.g., on a registered agent, by first-class mail to an officer or agent at the defendant's street address, or on a named officer of an insured depository institution. "Achieving proper service of process takes time and effort. To get it right, one needs to know the proper legal name of the entity, where it is organized, its registered address, and its registered agent or officer names and addresses."
Date:
Tuesday, March 8, 2016
Judge:
Judge Thomas L. Saladino