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Sewer service is an
epithet An epithet (, ), also byname, is a descriptive term (word or phrase) known for accompanying or occurring in place of a name and having entered common usage. It has various shades of meaning when applied to seemingly real or fictitious people, di ...
for the intentional failure to provide
service of process Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person s ...
on a named party in a
lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
, in order to prevent the
party A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or celebration of a special occasion. A party will often feature f ...
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 Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear ...
due to the defendant's non-appearance. The phrase refers to the
figure of speech A figure of speech or rhetorical figure is a word or phrase that intentionally deviates from ordinary language use in order to produce a rhetorical effect. Figures of speech are traditionally classified into '' schemes,'' which vary the ordinary ...
of throwing the documents into a sewer, and is considered a fraud upon the court. It was referenced in a 2019
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
opinion, ''
Rotkiske v. Klemm ''Rotkiske v. Klemm'', 589 U.S. ___ (2019), was a decision by the Supreme Court of the United States involving the statute of limitations under the Fair Debt Collection Practices Act of 1977. The Court ruled that the statute of limitations begins ...
'', which featured an allegation of a debt collector winning a default judgment against a debtor through sewer service.


Further reading

* *Press Release: *Shaun Ertischek, Esq.
Debt Collection Through Sewer Service
', 31 July 2010. (Archive
here
by WebCite)


References

Civil procedure {{law-term-stub