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Louis · Posted: Fri Feb 15, 2008 9:44 am Subject: Nail and mail summons

I received a summons taped to my door. It gave me 30 days to reply to either the court or the plaintiff's attorney. I am in the process of answering with the court and am on day 23 right now. The summons and complaint has the law firm listed and a place for signature but is unsigned. Is this a proper summons and complaint? Also I have not received a copy in the mail from the attorney which I think is required by state law within 20 days. Is this improper services? Can I use any of this in my reply?

I would really appreciate any help it seems a lot of you have some very good insight on a lot of these matters.

Thanks

Posted: Fri Feb 15, 2008 10:35 am Subject:

Welcome to the forum Louis, there are individuals here that will be able to better answer your question than I and will be with you shortly. I can tell you that service protocols differ from state to state (and county as well)

Posted: Fri Feb 15, 2008 2:25 pm Subject:

I can't answer, because as JCEMT pointed out, procedure for service varies state to state. However, generally, copies of all filings by any party in a law suit must be sent to all parties to a suit.

Posted: Sun Feb 17, 2008 2:44 am Subject:

hi Louis--

each state has its own rules of civil procedure--if you can let us know what stste you live in, we can get you more accurate replies. The first thing I would definitely do is check with the court clerk at the court that the summons is from. They can let you know if there is really a case against you there or not. If there isnt one, then they have just violated federal law in a major way. I would guess, however, that since they didnt just mail you a letter that it is probably real--dont count on it, check with the court anyways.

Once you let us know the state youre from, I will check on the laws in your state, and tell you exactly what they are required to do. That way, you will know what they did right and what they didnt, and you can include any relevant info in the answer.

Jon

Louis · Posted: Tue Feb 19, 2008 7:25 am Subject:

I am in NY and I did check with the clerk and the case is legit. It just seems odd that I notice it on my bureau and dispute it. The bank removes it from my CBR and then a month later I get this and unsigned? I did receive the copy they are supposed to mail on 2/15 and it was postmarked 2/13. They filed with the court on 1/23 that they served me.

Posted: Tue Feb 19, 2008 11:58 am Subject:

ok Louis, first, I checked your state's rules of civil procedure. They are allowed to tape it to your door in New York. Here is the law in your state that tells you exactly what must appear on that summons:

Louis · Posted: Tue Feb 19, 2008 1:20 pm Subject:

I didn't send the creditor a debt validation request. I sent one to the attorney after I received the summons and complaint. As far as I can recall that was the first contact the CA had with me. I received an e-mail 12/27/2007 from Experian indicating this was being removed from my credit report and that happens to be the date written on the S&C under the Index # even though the paperwork was dated 12/5/2007. It was taped to my door Jan 21 between 2:10p and 2:45p.

sugahplm · Posted: Wed Feb 20, 2008 9:26 am Subject:

skydiver you advised my in my most recent post to write the court and tell them of my improper service from palisades. could you please tell me what my states, texas, laws of service are too? thanks

Posted: Wed Feb 20, 2008 9:45 am Subject:

whoa--hang on a second, I have something else for you.

Do you still, by chance, have that email from experian?

Here's my thinking--by choosing to remove the entry on your credit report, the CA placed you in a position where you thought your dispute was won. They then filed suit the same day. This can be considered unfair practice, because you could easily argue that with it taken off your credit report you reasonably thought the issue was over. It might not persuade the judge but it makes sense that way.

sugahplm--here is a link:

supreme.courts.state.tx.us/rules/trcphome.asp

dont forget the www. at the beginning

Louis · Posted: Wed Feb 20, 2008 10:14 am Subject:

I checked and still have the e-mail but the link was to the info was deactivated 30 days after it was sent. I am looking into whether I can still recover what they had sent me along with the new experian report that doesn't list this debt.

Posted: Wed Feb 20, 2008 10:16 am Subject:

Do you have paper copies of both the old and updated reports? If so, you might be able to use those, because the time frame would be illustrated on the dates of the reports. But I would still try to get that email, if possible.

Louis · Posted: Wed Feb 20, 2008 10:21 am Subject:

I am going to work on getting that tonight when I get home. I may be able to rerequest it from Experian so I have dated copies.

Louis · Posted: Thu Feb 21, 2008 8:25 am Subject:

OK, I checked and have a copy of the new Experian reort saved to a Word doc. I disuted the loan 12/17/07 after I pulled a copy on-line. I received an e-mail response stating that the lender removed the item along with an updated copy of my report 12/26/07. There were no details of the investigation listed just the fact it was removed and it didn't show on the new report. The court index number was hand written on the summons and complaint along with the date 12/27/07. Interestingly the date typed on the summons at the top was 12/5/07 but they didn't file it with the court until the 27th, I guess.

Louis · Posted: Thu Feb 21, 2008 12:45 pm Subject:

Another quick question. Is the case filed when the plaintiff gets an index number for the summons and complaint? I received it in January and sent a validation request after I found the notice taped to my door. I know omce a suit is filed then I have to ask for validation in discovery but has the case been filed? I replied to the plaintif''s attorney within the 30 day window I had.

Louis · Posted: Wed Feb 27, 2008 8:01 am Subject:

I was also wondering: I received a mailed copy of the S&C addressed onlt to me but my wife, who also received a seperate S&C taped to the door with both of our names on it, never received one. According to NY law it is required that it be mailed within 20 days of service. Should this be addressed on her reply to the court?

Thanks

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