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Montgomery v. Pinnacle Credit Services et al

MEMORANDUM in Support re MOTION for Relief from Judgment

10 Cited authorities

  1. Omni Capital Int'l v. Rudolf Wolff Co.

    484 U.S. 97 (1987)   Cited 1,931 times   1 Legal Analyses
    Holding that due process concerns related to personal jurisdiction are alleviated where the defendant has consented to service

  2. Printed Media Services, Inc. v. Solna Web, Inc.

    11 F.3d 838 (8th Cir. 1993)   Cited 137 times
    Reversing denial of motion to vacate default judgment as to improperly served defendant

  3. Dodco, Inc. v. American Bonding Co.

    7 F.3d 1387 (8th Cir. 1993)   Cited 43 times
    In Dodco, Inc. v. American Bonding Co., 7 F.3d 1387 (8th cir.1993), the United States Court of Appeals for the Eighth Circuit held that a sales agent for a bonding company was not rendered a "managing or general agent" of the bonding company by virtue of a power of attorney granting the agent the authority "to 'issue and deliver bonds, undertakings, recognizances or other written obligations' for [the bonding company]" because "[the power of attorney] was not a general power of attorney; it did not authorize [the sales agent] to accept service of process...." Id. at 1389.

  4. Coons v. St. Paul Companies

    486 N.W.2d 771 (Minn. Ct. App. 1992)   Cited 31 times
    Holding that absent a returned acknowledgement, proof of actual receipt and actual notice of the lawsuit is not sufficient to establish effective service under Rule 4.05

  5. Gulley v. Mayo Foundation

    886 F.2d 161 (8th Cir. 1989)   Cited 29 times
    Holding that signing of the postal service "green card" was not sufficient to evidence acknowledgement of receipt of the summons and complaint and consequently did not satisfy Federal Rule of Civil Procedure 4

  6. Young v. Mt. Hawley Ins. Co.

    864 F.2d 81 (8th Cir. 1988)   Cited 16 times
    Finding that rules allowing for service by mail should be strictly construed, and that for service of mail to be effective, the acknowledgment form must be signed and returned within the proscribed time

  7. Hajjiri v. First Minnesota Sav. Bank F.S.B

    25 F.3d 677 (8th Cir. 1994)   Cited 10 times
    Holding that the "only way mail service can be acknowledged under the federal rule . . . is by return of the enclosed acknowledgment form within twenty days of the mailing"

  8. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  9. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 54,664 times   149 Legal Analyses
    Granting relief from the operation of a judgment

  10. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 34,084 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States