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Clinton in default in wrongful death suit
The Hill ^ | 09/13/16 08:27 AM EDT | Katie Bo Williams

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, Clinton’s 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 ...


TOPICS: Crime/Corruption; War on Terror
KEYWORDS: benghazi; clinton; hillary; libya; rop; wrongfuldeath
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1 posted on 09/13/2016 9:47:34 PM PDT by Olog-hai
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To: Olog-hai

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.


2 posted on 09/13/2016 9:51:52 PM PDT by FreedomStar3028 (Somebody has to step forward and do what is right because it is right, otherwise no one will follow.)
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To: Olog-hai

Karma is raining down upon Hillary in spades...

Its like watching a bad copper penny roll downhill.

Sucks to be her.


3 posted on 09/13/2016 9:55:39 PM PDT by goldstategop ((In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever))
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To: FreedomStar3028

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.


4 posted on 09/13/2016 10:02:16 PM PDT by EDINVA
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To: EDINVA

Wouldn’t it be illegal to obstruct the service of the summons?


5 posted on 09/13/2016 10:06:45 PM PDT by Olog-hai
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To: EDINVA

I’d serve her.

Go to a rally, wait to shake her hand.

Done and done.


6 posted on 09/13/2016 10:06:50 PM PDT by FreedomStar3028 (Somebody has to step forward and do what is right because it is right, otherwise no one will follow.)
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To: Olog-hai

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.


7 posted on 09/13/2016 10:10:00 PM PDT by goldstategop ((In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever))
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To: goldstategop

There was active refusal by other persons here, though, which is obstructing the service.


8 posted on 09/13/2016 10:11:50 PM PDT by Olog-hai
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To: goldstategop

Not to mention, the finding of default is the court saying that she was actually served.


9 posted on 09/13/2016 10:13:07 PM PDT by Olog-hai
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To: Olog-hai

The server was bleached and wiped.


10 posted on 09/13/2016 10:17:02 PM PDT by tinyowl (A equals A)
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To: Olog-hai

She tossed the summons into a basket.


11 posted on 09/13/2016 10:29:56 PM PDT by Jeff Chandler (Everywhere is freaks and hairies Dykes and fairies, tell me where is sanity?)
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To: FreedomStar3028

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.


12 posted on 09/13/2016 10:40:24 PM PDT by DoughtyOne (Fifty-six days until we take measures to end this nightmare. Trump, for the Free World...)
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To: Olog-hai

Ms Clin-ton gonna be overheating and coughing now!


13 posted on 09/13/2016 10:52:29 PM PDT by Minutemen ("It's a Religion of Peace")
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To: DoughtyOne

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.


14 posted on 09/13/2016 11:18:46 PM PDT by jazminerose (oective)
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To: Olog-hai

15 posted on 09/13/2016 11:29:52 PM PDT by Stand Watch Listen (ELITE IMMUNITY: how the puppet masters / puppets continue to function)
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To: Olog-hai

Should have had the staged little girl give it to her.


16 posted on 09/14/2016 2:20:26 AM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: tinyowl
The server was bleached and wiped.

Did they find the server in Fort Marcy Park?

17 posted on 09/14/2016 2:37:04 AM PDT by Mark17 (Calvary's love has never faltered. All it's wonder still remains. Souls still take eternal passage.)
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To: Ann Archy

The “staged little girl” never saw Hillary. (just a Hillary look alike, FACT)


18 posted on 09/14/2016 4:40:20 AM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: Olog-hai

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 that’s what I’ve seen in local cases. Rules change from court to court. But avoiding service isn’t criminal, so far as I know.


19 posted on 09/14/2016 6:36:52 AM PDT by EDINVA
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To: FreedomStar3028

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.


20 posted on 09/14/2016 6:41:22 AM PDT by EDINVA
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