Castro v. UNIVERSAL ACCEPTANCE CORPORATION

It is my opinion that ’the trial court should have vacated the default judgment for lack of proper service of process. Accepting the return of the marshal as true, it is readily seen that all it states is that service was made on defendant by leaving copies at her usual place of abode with a Mr, Singh. This is not enough. The rule requires that the copies be left -at the dwelling house or usual, place of abode “with some person of suitable age ■and discretion then residing therein.”

The marshal’s return does not state that Mr. Singh was a person of suitable age and discretion, and more…