Thread re: #CryinMo , Service of Process, and Insurance coverage.
We see here Mo cryin’ like a colicky baby. Why is that? The reason is his wife was just served with process - a lawsuit - righteously instituted by @RepSwalwell for #CryinMo ‘s antics inciting an insurrection 1/
We see here Mo cryin’ like a colicky baby. Why is that? The reason is his wife was just served with process - a lawsuit - righteously instituted by @RepSwalwell for #CryinMo ‘s antics inciting an insurrection 1/
https://twitter.com/RepMoBrooks/status/1401627240123846657
on January 6th. Now you may ask, but they didn’t serve him. Don’t they have to do that in order to have “good” or proper service? No. A process server - plaintiff hires a company - can serve a person “of suitable age and discretion.” In this case, it’s #CryinMo ‘s wife. 2/
She’s someone who resides with him, over 18 years of age, and not active duty military - can be called away at a moments notice and unable to inform service target of the lawsuit - so she fits the criteria for someone being of “suitable age and discretion.” Now #CryinMo can 3/
allege in his answer to the lawsuit - affirmative defense - that his wife isn’t of “suitable discretion.” Let’s say they’re estranged, separated, or going through a divorce? He can allege that she didn’t have the “ability” to accept service on his behalf. Issues of service 4/
can get funky. Recently, my office attempted service on an individual outside of the country. After much due diligence, we were unsuccessful. We made an aapplication to the Court requesting alternate service via email on a representative of the defendant in the US. EDNY 5/
Judge granted it. CryinMo will most likely not be successful with this defense as the Court will likely find service was “good” or perfected on his wife. Now why else is Mo Cryin’? He’s Cryin’ pretty hard bc he may not have insurance coverage for this lawsuit. 6/
When someone who has assets like #CryinMo they should have insurance coverage in the event of a loss or lawsuit. Insurance policies can cover a myriad of events. It’s questionable whether they’ll cover this particular suit due to the fact it concerns inciting a riot 7/
and insurrection against kickass Congressman @RepSwalwell his colleagues, and the USA. If there is no insurance coverage, #CryinMo will be cryin’ a whole lot louder bc he’ll have to come out of pocket for defense costs and any settlement or verdict. That will probably run 8/
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