The Appellate Group

Jordan Credit Union v. Sullivan

Jordan Credit Union v. Sullivan, 2022 UT App 120 (Christiansen Forster, J.)

Civil Procedure

Appellant was in jail when Jordan Credit Union (Jordan) served him personally with a legal document. The district court later entered judgment against him. Appellant, pro se, now argues that the district court’s judgment is void for lack of personal jurisdiction because of improper service of process. The Court of Appeals agreed and reversed, holding:

  • The district court’s judgment is void. Here, Jordan failed to properly serve Sullivan under the Utah Rule of Civil Procedure rule 4(d)(1)(D), because Appellant and not “the person who had the care, custody, or control” of Appellant was served while Appellant was incarcerated at the Utah County Jail.

Read the full court opinion