Process Server LIED Under Oath? Defendant Proves She Was 200 Miles Away

Added: 2026-05-27

[00:00:00]So this is Alexander mini Alexanders versus Alexander >> Erica Childs and today we're here on the motion to quash for Rosalyn Alexander Kasperic.

[00:00:10]>> Thank you.

[00:00:12]>> Fletchio Hanu on behalf of the plaintiffs your honor.

[00:00:15]>> Okay. Um so I your motion was filed on March I can't 9th 2025. So what's your complaint about how service was effectuated?

[00:00:27]>> Yes. uh service actually wasn't affectuated on um specifically on the 14th. My client was in Houston with other family members, your honor. Um the file uh the return filed in the case states that she was personally served in Austin at 5908 South Highway 183.

[00:00:47]However, on that day and actually the day prior to, but on that particular day, she was in Houston at University of Houston in the morning for a um in particular Afroamerican historical and genealogical society meeting in which the family was there for the discussion of a movie or documentary called High Horse. So, she was actually on the UFH campus that morning, your honor. Later that evening, she was at a fundraiser for the Lynx Incorporated, which was the Houston chapter's Boots and Bling fundraiser. The return specifically states that she was personally served.

[00:01:23]She was not. Um, and I reviewed the file. There's no substitute.

[00:01:29]>> All right. So, what I've got is you telling me she went there and I've got a sworn affidavit from a process server.

[00:01:38]>> Yes, your honor. Um, she's actually here. We could put her um put her uh on the record. Also, we do have pictures if you'd like for me to show, but she is actually present, your honor, so I can call her as a witness. And all I'm requesting is that the court or order them to uh and I believe we do have her affidavit on there as well, but um I would request >> I don't your your motion is two pages long, three pages long. So, I don't think so. Let me hear from your opposing counsel. I'm sorry.

[00:02:11]>> Uh yes, your honor. So, uh, we have, like you said, um, Matthew Stubfield of, uh, ATX Processing, who swore, um, on this statement that he not only, uh, uh, served, uh, the defendant with the citation and the petition, but I uh, called um, Matthew uh, the day that I received this motion, and he confirmed to me to support his signed statement that he not only served the uh, the defendant but explained to her what the documents were, confirmed her name and who she was, and properly served her.

[00:02:49]So, I uh reject the uh opposing party's claim that she wasn't there without any affidavit attached to her motion.

[00:02:58]>> Well, I guess here's here's it seems to me you'd need to have him here to testify. I could get them both to testify. This all happened within a few months ago.

[00:03:10]Even if I granted the motion.

[00:03:13]Okay, we're just going to get her served.

[00:03:16]>> Yes, your honor. We did want to point out to the court, however, that the affidavit was that his service return was untrue. And we did want to categorically have it on the record, your honor, that are you want to get him to process over here because that's the only way I'm going to be able to do that is have both these people testify.

[00:03:37]>> Yes, sir.

[00:03:37]>> And which I'll do. I'm going to make y'all wait to take up the other people because frankly so, um, sir, you're going to have to get your process server here. And >> unfortunately, he wasn't available at this date, your honor. But I mean, I'm I'd be happy to, uh, have him return at a later date if we want any reconvene.

[00:04:00]>> Well, I'm I'm here today. You ask for a continuence.

[00:04:05]>> I understand, your honor. I figured the sworn statement was enough.

[00:04:10]>> Well, but now the the um >> I mean I my problem is the opponent party doesn't even have a sworn affidavit to at least contest what my uh uh the process server has sworn uh to to uh admit. So I just think that's a little wonky. Well, you know, frankly, the whole thing's a little wonky because I can have her testify and if your process servant here, I might find it and then I'm just going to say server again.

[00:04:39]Why are we doing this?

[00:04:42]>> I just I just have to contest the motion. Your honor, >> well, then Okay, I'll I'll take the the testimony, but you know, you can cross-examine her, but I'm going to limit y'all to 30 minutes. I'm not, you know, this was announced for 30 minutes and so we're going to say you started at 2:48.

[00:05:02]>> So, Miss Charles, if you want to call your client.

[00:05:06]>> Yes, your honor. If it pleases the court, I would like to call um movement, Miss Rosalyn Alexander Kasperic.

[00:05:13]>> Miss um Alexander Kasperic, if you would. There you go. Um would you raise your right hand to be sworn? You solemnly swear or affirm that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth.

[00:05:27]You're muted, ma'am. I can't hear you.

[00:05:31]>> I do, your honor.

[00:05:32]>> Thank you. All right, Miss Charles, if you can proceed.

[00:05:34]>> Thank you, your honor. Miss um Alexander Kasperic, would you please state your full name for the record?

[00:05:40]>> My name is Rosalind Alexander Kasperic.

[00:05:43]>> And where do you reside?

[00:05:45]>> 5908 Highway 183 South, Austin, building 2, Austin, Texas 78744.

[00:05:54]And on the date of February 14th, uh, 2026, where were you located? Were you in the city of Austin?

[00:06:03]>> No, I was not. I was in the city of Houston for the aforementioned genealogical conference at the University of uh Houston, which began at 9:30 in the morning. I was driving there from 4 in the morning. Uh I um then uh thereafter shortly thereafter after after that conference um attended Boots and Bling um uh fundraiser uh gayla that uh you mentioned there were literally hundreds of people at the latter event to attest to my presence. There were approximately 50 or 60 folks at the previous event to attest my presence >> and I'm sorry. Go ahead. And um you heard our our statements that the a process server had filed a service return stating that he had served you at approximately uh between the hours of 8:00 a.m. and 900 a.m. in Austin, Texas off of um 183. Is that correct? You heard that?

[00:07:02]>> Yes, ma'am. I did hear that. Uh it is not true. I was not there.

[00:07:08]>> And uh do you personally know this process server? No, I do not. I have no idea who it is, >> but these this process server was hired, of course, by the plaintiffs, correct?

[00:07:19]>> I presume.

[00:07:21]>> And you heard um the court asked about the the process of why why we're here today.

[00:07:29]Would you please uh state for the court of why we are here today? We're here today because I didn't want it on any record or in any documentation anywhere, that I had um misrepresented my uh location on the day of the service. I wanted the court to know that it was not me that was being untruthful, but rather whomever said that on a day when I was in Houston among hundreds of people that they served me personally and explained anything to me about anything. I was not in Austin on the 14th. I was not in Austin on the 15th. I did not even see anything like this service until I arrived home 5908 Highway 183 South Building 2 and found it stuck in my door.

[00:08:24]>> And your honor, may I please share my screen? Do I have a screen sharing?

[00:08:28]>> Uh yeah, go there.

[00:08:31]>> Okay. And what do you see on the screen?

[00:08:34]I see a portion of the online uh notification of the genealogy conference at the University of Houston featuring high horse the black cowboy followed by a debriefing session with high horse cast. We were not cast in a documentary but we were present in that documentary of descended farmers and the series producers. That would have been me and a digital representation of the producer of the series. And were any additional any other siblings present that day?

[00:09:05]>> Okay, hold on. Are you gonna offer this?

[00:09:07]Is it in the box? Is it marked as an exhibit?

[00:09:09]>> Um, no. It is not uh currently in the box, your honor. But I >> Okay. Well, then we can't use anything that's not marked in the box as an exhibit. And you can't have the client testify to anything. So, >> okay.

[00:09:21]>> Do you want to put on evidence? It has to have been in the box. I mean, other than her testimony.

[00:09:26]>> Yes, judge. Yes, judge.

[00:09:29]Miss Gosper, were any other uh siblings present with you?

[00:09:34]>> Yes, my sister was present with me most of the day prior to the conference through a short portion of the conference and certainly in the evening at the Boots and Bling um event.

[00:09:48]>> And which sibling was that? Which sister?

[00:09:50]>> I'm sorry. It is Well Alexand excuse me, Winnell Alexander Heron. And when you have these documentary showings, uh, do you inform your other siblings as well?

[00:10:01]>> Yeah. Well, they're public, um, announcements, um, on our website. Uh, sometimes the other siblings are interested. They've all pretty much seen the documentary at this point. These showings are for friends and family. Um, they're designed to to share uh, our history uh, and this perspective on black cowboys that uh, we honor.

[00:10:23]And um later that evening uh which siblings attended the event with you in Houston?

[00:10:29]>> My sibling Wel Alexander Herren her husband um and several other friends and their um friends and I don't know there are additional family from the actual family but certainly us and several friends close friends. So, what are you requesting that the court do today regarding your motion to quash?

[00:10:54]>> The motion to quash the service is simply because I was not properly served. I feel like the service was um misrepresented.

[00:11:03]I feel that the server's um inference that that somehow they explained everything to me and I was simply not remembering it or not aware of it or lying about it. I would love that not to be uh the case that uh prevails in this particular hearing. Um it's as simple as that. I don't want to be perceived as someone who lies about a service that I did not receive that I wasn't even in town to receive.

[00:11:36]>> And so are you asking the court just to order um the plaintiffs to serve you properly? Well, we could do that, but it occurs to me that you've now filed >> a pleading in her behalf. She's made an appearance in this lawsuit.

[00:11:52]>> Um, >> I don't think she needs to be served again because she's voluntarily appeared.

[00:11:58]>> Um, on that, your honor, I did research that issue and not necessarily because they still have an obligation to follow all jurisdictional rules. Although a party may have actual notice of a lawsuit, they must go through all the steps and either personally serve her or receive the court permission.

[00:12:14]>> She can make a voluntary appearance and that's what she's done.

[00:12:19]>> Uh uh your honor, again, um I do understand your point, judge, but my client did want on the record for it to be understood.

[00:12:27]>> That's fine. And we can do an order that says that she was not properly served.

[00:12:32]However, she is a party to this lawsuit because she voluntarily appeared.

[00:12:37]>> Your honor, I I believe my client would be amendable to that, but she does not want to admit that she has been served and her her um her dates um are different because of that. I believe my client wanted to have it. I know my client wanted to have on the record that she was not served because that return is untrue. She was in Houston, Texas on that day. But my client is amenable, your honor. If the court wants to issue an order quashing the service and then noting that she was uh that she has henceforth made an appearance, glad to.

[00:13:10]And then I like I did with the other two siblings will file her response judge, her official answer in all of her defenses, judge.

[00:13:21]And and really, your honor, I've had in in cases I've had I had another case where a process server said that somebody was um somebody had been served and the two people two of the people had been dead for five years, judge. So, I think that it's my client's right to make sure that the court has that information. So, >> it's her right and I don't have a problem. I I I get it.

[00:13:44]But I do believe the case law would say if somebody was dead, someone could could contest that and show up as a representative of the estate. But here she has shown up in this court. She's made an appearance. She's participated.

[00:13:59]So I'll sign an order. You can do an order that says she was not properly served. However, she has voluntarily appeared in this action by your filing and pleading and her coming and testifying today.

[00:14:11]We're good with that, judge. With the court's permission, we'll do that.

[00:14:15]>> Mr. Onu, I I do think you ought to talk to your process server. I mean, all the only evidence I've got today is that from from Miss Alexander.

[00:14:25]>> So, >> understood, your honor.

[00:14:27]>> I mean, I I once had a hearing where we had to contest service, too, and it was But you got the process server there and showed him a picture, and that wasn't who he served. So, I don't But all right. So, Miss Charles, why don't you draft an order and and circulate it?

[00:14:42]>> Yes, your honor.

[00:14:44]>> Thank you.

[00:14:44]>> All right.

[00:14:45]>> Thank you all very much.

[00:14:48]>> Thank you, your >> honor. Excuse.

[00:14:50]>> Yes, you may be excused.