Credithrift of America No. 2, Inc. v. Jackson

KLEES, Judge.

Plaintiff appeals from a judgment declaring null a deficiency judgment taken by default. The deficiency judgment was nullified by reason of defective service of process. We reverse and remand.

The plaintiff, Credithrift of America No. 2, Inc., seized and sold under executory process an automobile owned by the defendants, Jerry L. Jackson and his daughter, Irma Lee Jackson. On February 7, 1986 the plaintiff filed a petition for deficiency judgment praying for $1922.28, the amount of the deficiency, plus interest and attorney fees.

Deputy Sheriff Willie W. Thompson allegedly served…