Fraudulent claim that a court process has been served properly
Sewer service is an epithet for the intentional failure to provide service of process on a named party in a lawsuit, in order to prevent the party from having a chance to respond. This practice usually involves filing a false affidavit claiming that the defendant had been properly served court papers; then, when the defendant fails to appear, the plaintiff then applies for and wins a default judgment due to the defendant's non-appearance.[1] The phrase refers to the figure of speech of throwing the documents into a sewer, and is considered a fraud upon the court.[2]
It was referenced in a 2019 United States Supreme Court opinion, Rotkiske v. Klemm, which featured an allegation of a debt collector winning a default judgment against a debtor through sewer service.[3]
^Rivera, Ray (2009-12-30). "Suit Claims Fraud by New York Debt Collectors". The New York Times. Retrieved 2019-12-23.
^Olson, Walter (2010-01-05). ""Sewer service" alleged against New York debt collectors". Overlawyered.com. Retrieved 2019-12-23.
^Strawbridge, Kimberly; Rubin, Jordan; Saltz, Heather (2019-12-10). "Justices Rule for Creditor in 'Sewer Service' Debt Dispute". Retrieved 2019-12-10.
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