| Message |
Author |
 Posted: Mon Apr 21, 2008 11:21 am Subject: Should I sign a "Waiver of Service" |
|
|
I received a summons for a debt. This is debt is not mine and I will be answering as such this week. However, included with the answer forms, I am asked to fill out, sign and have notarized a page called "Waiver of Service". It says:
"I declare under oath that I am the Defendant in this case; I received and accepted service of the Summons and Complaint and Answer Form in this case; that I wave any other service, and consent to the jurisdiction of this court to determine all issues raised in the pleading as if I were served by personal service within the State.
Check one:
___ I am no in the military service. This waiver of service is not to be construed as an admission by me of the truth of the allegation in the petition and I reserve the right to receive notices of settings and the right to respond and appear in person if I wish
___ I am in the active military service of the USA> After consultation with the base legal officer or other counsel of my choice, I waive the provisions of the Soldier's and Sailor's Relief ACt of 1942, as amended, including my right to court appointed consel and permit the action to proceed without further notice"
This form looks out of place with the rest of the forms (different font, no letterhead, no reference to the summons). Is this legit? Should I sign it as the CA requests? or is a trick to waive my rights somehow? The phrase "that I waive any other service" kind of bothers me as it sounds like I am waiving my rights to be notified of any future court dates.
_________________
Register today to encash debtcc points.
|
|
johncc
Guest
Debtcc Points: 100
|
|
|
| Posted: Mon Apr 21, 2008 12:29 pm Subject: |
|
|
Welcome to the community JohnCC. I'm really not sure about this one. Waiving other service sounds like they don't want you serving them in turn with a discovery request for validation (which you should and you can use the validation letter via my signature link for a checklist)
Bear with us and someone with more knowledge on this will be along, or you could get a free consultation from attorney in your area.
_________________
Regards
JCEMT
Here is a list of resources for the community
Site TOS
|
|
JCEMT
Moderator
Joined: 10 Sep 2007
Posts: 2982
Debtcc Points: 27013
|
|
|
| Posted: Mon Apr 21, 2008 4:25 pm Subject: |
|
|
hi and welcome--
this is nothing more than a form that your county requires--it is not a form from the debt collector themselves, or the creditor. This is a form from the county court. In a nutshell, this means that you agree that you have in fact been satisfactorily served the summons, and that you agree that the court where they filed this lawsuit has legal jurisdiction to hear this case. Now, if they filed in a county that isnt the one you live in, then no, dont sign it....that would mean that they would get to sue you in the wrong venue and by signing it you couldnt later appeal on the grounds of improper venue. It must be the county you reside in.
This only means that you agree that THEY dont have to take any further effort to serve YOU in this case. I am guessing that this summons came by mail, no? you see the line where it says:
| Quote: | | that I wave any other service, and consent to the jurisdiction of this court to determine all issues raised in the pleading as if I were served by personal service within the State. |
that means that they served you by mail, or by a means other than personally handing you the summons. They are only asking you to affirm that you accept the method of service and that you agree that the method of service is just as complete as if someone personally handed it to you. This does not affect in any way your right or ability to countersue, to motion for discovery, or anything else. It does not infringe upon your rights at all.
|
|
skydivr7673
Debt Samaritan
Joined: 15 May 2007
Posts: 839
Debtcc Points: 514
|
|
|
|
JCEMT
Moderator
Joined: 10 Sep 2007
Posts: 2982
Debtcc Points: 27013
|
|
|
| Posted: Tue Apr 22, 2008 9:09 am Subject: military |
|
|
"Soldiers and Sailors Act".........which means if you are deployed (OBVIOUSLY something 'beyond your control'..) you can 'waiver' different fees, payments, etc. For example..if you bought a new vehicle PRIOR to your deployment and your % rate is very high ( really doesn't matter what your % would be), because of this 'Act', your % would 'waivered' to 6% while you are 'out of country'. This includes loans, credit cards,etc. However.....if you purchase something 'POST-activation', this 'Act' does not apply. I'll tell ya, this 'Act' really helped me when I was deployed!!
|
|
sdchargers_63
Joined: 08 Aug 2007
Posts: 883
Debtcc Points: 9709
|
|
|
|
|
|
All times are GMT - 7 Hours
|
| Page 1 of 1 |
|
