Was I Actually Served?
I am in South Carolina. A family member is suing me saying that I entered into a contract. They live in Texas. The actions listed in the complaint happened in Florida.
The plaintiff's attorney filed the case in early Dec but I didn't find out until months later. The 30 days listed to respond was over.
I was traveling for work and can prove I was out of town.
I went to the Clerk of Court office and was informed there was no record of proof of service. The clerk said that the plaintiff's counsel elected to notify me via publication and to request proof of this.
I emailed the lawyer but I haven't heard back yet.
The thing is I have had the same address for 3 years. The person suing me knows it. Along with my phone number and email address. My full name is listed in the complaint and it is very unique. I can almost guarantee that I am the only person in the state with it. I am not sure how the Sheriffs locates someone to serve them but I do have a car title.
Why didn't they serve me in person or registered mail?
Is this legal? Are they trying to win by default?
Can I request to have the case dismissed because I wasn't served/notified?
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