DocketNumber: No. CV 98 0582304S
Citation Numbers: 2000 Conn. Super. Ct. 9682
Judges: SOLOMON, JUDGE.
Filed Date: 8/18/2000
Status: Non-Precedential
Modified Date: 4/17/2021
The matter was tried to the court. A copy of the New Hampshire judgment was admitted without objection (Plaintiff's Exhibit 2) and the defendant did not deny the entry of that judgment. Rather, the defendant contends that the judgment should not be enforced based upon the alleged inadequacy of service of process commencing that action. Specifically, the defendant claims that, notwithstanding the sheriff's return of service in that action indicating the making of abode service upon the defendant, he in fact did not reside at the address indicated and never received notice of the action.
Our Supreme Court has held, in Packer Plastics, Inc. v. Laundon,
The sheriff's return of service indicates the making of abode service upon the defendant at 100 Main Street, Apt. 28, Nashua, New Hampshire. The defendant does not deny that he resided at that address at some point during the year in question. Rather, he testified that he resided at three locations, including one twice, during the course of that year and claims that he was living at one of the other addresses at the time. On cross-examination, however, he could not recall the dates during which he lived at any of the addresses mentioned during his testimony. This lack of recall obviously falls short of sustaining the "heavy burden" he bears on this issue. Moreover, the return of service itself is indicative of the efforts made by the sheriff to ensure that the location at which service was made was actually the defendant's abode. Specifically, the return of service, after reciting the making of service at 100 Main CT Page 9684 Street, Apt. 28, Nashua, New Hampshire, then recites "(moved from University Drive)". The defendant himself acknowledged having resided at 20 University Drive during the course of the year in question. The Defendant's lack of recall as to where he resided at the time, together with the apparent effort of the sheriff to confirm the defendant's residence, raises serious doubts as to defendant's claim that service was not made at his abode. This Court's skepticism is further heightened by the circumstances surrounding correspondence sent to the defendant by plaintiff's counsel in 1997 regarding this matter. Specifically, the defendant acknowledged either residing at or caring for his mother's home at 18 Alden Road in Simsbury when the correspondence was sent to that address, yet the envelope (Plaintiff's Exhibit 1) was returned as undeliverable with the notation "return to sender — address unknown". The defendant was unable to offer any explanation why correctly addressed mail was so returned.
The court finds that the defendant failed to sustain his burden of proving the inadequacy of service of process or that the New Hampshire court otherwise lacked personal jurisdiction over him at the time it entered judgment. Accordingly, judgment is hereby entered in favor of the plaintiff in the amount of $3,372.664.
Solomon, J.