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Sub: #1 Help with a court case
Replied on 05-26-2009, 05:00 PM
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I have a question my roommate was served a warrant in debt well actually she wasn't served as they gave it to me but that's beside the point and she had tried to get the location changed to a closer place because they filed in a court that was about 5 or more hours away. Anyway the court date was set for this past Friday and she didn't go because she couldn't get off work, so today we were looking at the courts website and found her case and for the outcome it says "not found/ Unserved" and there's no judgment amount or anything listed what exactly does this mean?


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Sub: #2
Replied on 05-26-2009, 10:39 PM
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It means that the warrant was returned unserved, because the defendant could not be identified. I think that since there was no proof that you room mate has received the warrant from the court, the case was dismissed.

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Sub: #3
Replied on 05-27-2009, 03:12 AM
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So it doesnt' count that they gave it to me or something? In order for Capital One to pursue it further will they have to serve her again and schedule a new court hearing?



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Sub: #4
Replied on 05-27-2009, 11:08 AM
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Does anyone know if this means they will have to for sure serve her again before they can get a judgement or garnishment since this one is listed on the court website as unserved/not found. I was just wondering if she'll have a chance to show up in court and defend herself to possibly prevent a default judgement from being entered against her.


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Sub: #5
Replied on 05-27-2009, 11:40 AM
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She should have to be served in the same jurisdiction for that court. Now, they may try filing thier claim in the correct court but a new summons will have to follow or be followed. Yes she will have to be served again. When that happens, make sure you do not miss the court date or default judgment most likely occur.

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Sub: #6
Replied on 05-27-2009, 12:17 PM
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So does that mean this time they will have to file a court case in the correct court and not one that's 5 hrs away? That's why she wasn't able to go this time because they didn't file where we live but filed 5+ hrs away. At least we know now they will for sure have to serve her again and cant' just get a judgement without doing that. She was very worried they'd just get a judgement and she wouldn't know about the new court case but I thought they would be required to serve her again. Thanks everyone for the information.

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Sub: #7
Replied on 05-27-2009, 12:22 PM
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Different states may vary on requirements for service, check with your states statutes regarding service requirements to be sure.





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