on jan 27 i received reg mail enter a default request for a case i was supposedly served in Nov 2014. In cert says service was left when speaking to a white male 25-30 5'9" 135-160lbs thru a door that would not allowed to be opened.
Never Happened. Nobody in my household fits that description Im only male I'm 55 and dont look 35 at all. lol
So my question is do I
1. motion to dismiss for failure to serve lack of jurisdiction lack of standing or
2. Oppose Plaintiff request to enter default and describe circumstance lack of service attach affidavits from wife and i nobody fitting description...
This is a private student loan from my son who doe not live with me...
I also think i have fraud in their certification of service and enter in default... suit in federal court. possible FDCPA violations and civil rights...4th and 14th amendments.
Also the attorney has committed fraud and deceit upon the courts and to their party they represent.
But i am not sure how to approach this and which is best. I am told the opposition is better than motion and leaved little room for court discretion as motion judge could rule in favor of plaintiff.
Thanks for input!