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ihatebillcollectors · Posted: Fri Jul 25, 2008 10:04 am Subject: URGENT QUESTION

if you got sued by a company and you were never sent a warrant in debt for the court appearance and only found out after it had taken place- isn't that an infringment of your rights? Aren't they legally obligated to present you with documents??

Posted: Fri Jul 25, 2008 10:07 am Subject: reply

if you could provide some more details we can further advise.
it does sound like you could get the judgement vacated for
improper service.

Guest · Posted: Fri Jul 25, 2008 10:11 am Subject:

i found out today that i'm being sued- totally accidentally. court date is MONDAY! i'm pissed. I have no clue if and where they sent paperwork. It's not even in the same jurisdiction as where I live, but i think it's too late to file anything. Would i be better off contacting the lawyer suing me or what?

Posted: Fri Jul 25, 2008 10:23 am Subject: reply

not your jurisdiction?any court action has to take place in your
town or county.go to the courthouse and seek to vacate because of improper venue.you might want to check the summons and see where to go.

Guest · Posted: Fri Jul 25, 2008 10:44 am Subject:

i don't have the paperwork but i know the county. I can't really go there, it's like an hour and a half away and I can't get there.

Posted: Fri Jul 25, 2008 10:51 am Subject: reply

unless you find a way,they will get a default judgement against
you.

Posted: Fri Jul 25, 2008 10:52 am Subject:

how did you find out about it? I'd say it is better to find a way to get there and ask for a continuance once you are there, bring your address documentation (bills, drivers license etc) proving how long you have been at your past addresses for the past x# of years.

Good luck, and don't ignore the situation or it will be MUCH worse!

Guest · Posted: Fri Jul 25, 2008 11:12 am Subject:

agreed, but wouldn't it be better to just contact the lawyer and try to arrange a payment then have it go to court?

Posted: Fri Jul 25, 2008 11:16 am Subject: reply

if you have the lawyer's ph# give it a try.it can't hurt at this
point.

Posted: Fri Jul 25, 2008 11:20 am Subject:

Jurisdiction depends on a couple of things. Cases can be filed in a different county then you reside in under certian circumstances.

The main question is where the contract for the debt took place. If you went to another state and signed a contract, and got sued, it could be in the other state since that's where the deed took place.

Posted: Fri Jul 25, 2008 11:23 am Subject: reply

great point goudah,i am just going by what the OP is posting.

Posted: Fri Jul 25, 2008 11:45 am Subject:

I would call the court and see if you can fax over any info you may have, or a statment.Even an over nighted statment would help(I think)
Watch out if you talk to the lawyer. Do not agree to anything unless you are sure that you owe "them" money. The other thing to worry about (sorry) is that you talk to some slimball, agree to something, and they still go ahead with a judgment. Rolling Eyes

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