Skip to comments.Clinton in default in wrongful death suit
Posted on 09/13/2016 9:47:34 PM PDT by Olog-hai
Hillary Clinton has failed to respond to a wrongful death lawsuit brought by the parents of two of the men killed during the 2012 attack on the American outpost in Benghazi, Libya.
The Democratic presidential nominee was declared in default by the court clerk Friday a designation that simply means she was served with court documents and that she did not answer the complaint. It is not a finding of liability.
In fact, Clintons Secret Service delegation and campaign aides refused to accept the summons, according to court documents.
But Clinton will now have to respond in some way such as arguing that the default be set aside or moving to dismiss the case entirely to avoid the possibility that a judge could rule automatically in favor of the plaintiffs.
(Excerpt) Read more at thehill.com ...
Ummm. Default means you are accepting liability and are subject to restitution or repayment. At least that’s how the law works for the common folk. Like when hit and run law firms do it for medical debt/credit card debt/etc.
Like if I didn’t show up to a summons and complaint, I’d be paying money to whomever sued me.
Karma is raining down upon Hillary in spades...
Its like watching a bad copper penny roll downhill.
Sucks to be her.
The story says her SS detail and campaign staff refused service of process. And God knows, the process server is not getting anywhere near her. Technically, she’s not been served.
Refusing service leads to this type default. Now her attorneys will have to file either an answer or motion to dismiss.
Wouldn’t it be illegal to obstruct the service of the summons?
I’d serve her.
Go to a rally, wait to shake her hand.
Done and done.
You do not have to accept a summons.
If you didn’t personally receive it, a lawsuit generally gets tossed.
If you do get a summons, you can file a motion to dismiss or file a counter-suit.
There was active refusal by other persons here, though, which is obstructing the service.
Not to mention, the finding of default is the court saying that she was actually served.
The server was bleached and wiped.
She tossed the summons into a basket.
The question is, if she was never officially served, is the proceeding legal?
Doesn’t she have to be formally served to be a party to the suit?
If she wasn’t served (obviously avoided it), has she blocked any downside here?
I don’t know. I’m asking to see if someone else does.
Ms Clin-ton gonna be overheating and coughing now!
She can be served via substitute service. The summons and complaint can be left with an adult over the age of 18 who appears to be responsible, such as a receptionist, co worker, etc.
It’s not possible to ‘refuse to accept’ service of process.
Service can also be made by publication in a newspaper of record for a proscribed number of weeks (varies by jurisdiction).
All of that said, courts loathe default judgements. The underlying principle is that everyone is entitled to his day in court. Therefore, defaults are usually set aside if the responding party can make any kind of an argument. Once the default is set aside, the case will proceed to trial on its merits.
I’d never bet the farm on winning a case via default.
Should have had the staged little girl give it to her.
Did they find the server in Fort Marcy Park?
The “staged little girl” never saw Hillary. (just a Hillary look alike, FACT)
I’m not a lawyer, but have worked for lawyers for years now. From my non-lawyer experience, I don’t believe avoiding service is illegal in any criminal sense. But, after every attempt has been made to serve a Summons and Complaint - including registered mail - a party can go to the court to show it’s been purposely avoided, and they can get a default, as in this case. At least thats what Ive seen in local cases. Rules change from court to court. But avoiding service isnt criminal, so far as I know.
Well, you wouldn’t have much problem getting into one of her rallies, they don’t appear over-crowded. BUT, you do have to go thru a few levels of security first. Good luck getting thru that. AND if, as she approached, you reached for something you’ve managed to get thru security with concealed in a pocket, i.e., papers to serve, you might find yourself cuffed by the SS detail. You’d be in deep kimchee, and she still wouldn’t be served.
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