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Jeremy W. RichterJeremy W. Richter
Jeremy W. RichterJeremy W. Richter
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default judgment

Default Judgment Nullified by Ineffective Service of Corporation

Default Judgment Nullified by Ineffective Service of Corporation

Feb 2, 2017

Ex parte LERETA, LLC: Under Alabama Rule of Civil Procedure 4, service on a corporation or business entity cannot be perfected by certified mail addressed merely to the entity itself, and ineffective service will result in a void default judgment for lack of personal jurisdiction. The Facts of the Matter In September 2012, Fronia Warhurst’s house flooded during a rainstorm. In July 2014, Warhurst sued the City of Tuscumbia, JP Morgan Chase Bank, N.A. (“Chase”), and LERETA, LLC. She alleged (1) that Tuscumbia negligently or wantonly maintained a storm drain, which resulted in the flooding; (2) that Chase wrongfully terminated her...

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