Internet's first get-out-of-debt community - 134,000 members

Posted: Sun Aug 12, 2007 12:54 am Subject: Where do I start????

I just rec'd a advertisment from a local lawyer saying he had read in the Daily Recorder that a lawsuit had been filed against my husband by Cach LLC. Before this arrived we had rec'd several phone calls from someone saying they were from the law offices of P scott Lowery. We put a no call for solition on all our phones, so haven't had any calls from anyone for the last few months, nor have we rec'd any documents from anyone as of yet.From stumbling on to your website I am trying to fine out what are recourse is.any help would be appreciated..

Posted: Sun Aug 12, 2007 5:57 am Subject:

I would get in touch with your local court house to see if a petition or judgement has been filed in your husbands or your name just in case. If so then you, I believe, have the right to see who and where its from, etc. You only have so many days after a judgement is filed to do this so I would call first thing Monday am. Also, some one else with more advise should be along shortly.

thanks,

Posted: Sun Aug 12, 2007 6:11 am Subject:

I'm not positive but I think I read you have 30 days to respond.

Posted: Mon Aug 13, 2007 10:24 am Subject:

hiya--

First thing to do is to check with the court itself, and make sure that you were actually sued. If you were not, you then could have a case for action against whoever put that in the paper.

Second, you need to check the laws in your state--actually, you need to check what is known as the 'rules of civil procedure'. Specifically, you are looking for the laws relating to what is acceptable service of a summons. It is possible that you were not properly served in this case, and if so, you can have it thrown out on that grounds. you need to know exactly how they are required by law to serve you notice. If they did not follow the law, case closed.

for future reference, the do not call list will not help you in this case--collections calls are not sales solicitations, and CA's are not bound by the DNC list in any way.

*Name:
*Email:
*Phone:
*Zip:
*Debt

	* denotes required field

Internet's first get-out-of-debt community - 134,000 members

Where do I start????

Members Area

Free Debt Counseling

Ask the community

Featured Discussions

Featured Articles

Question of the Month

Also See

Recent Forum Discussions

Recent Blog Post