logo

Debtconsolidationcare.com - the USA consumer forum

URGENT QUESTION

Date: Fri, 07/25/2008 - 10:04

Submitted by anonymous
on Fri, 07/25/2008 - 10:04

Posts: 202330 Credits: [Donate]

Total Replies: 11


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??


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


lrhall41

Submitted by paulmergel on Fri, 07/25/2008 - 10:07

( Posts: 15514 | Credits: )


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?


lrhall41

Submitted by on Fri, 07/25/2008 - 10:11

( Posts: | Credits: )


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.


lrhall41

Submitted by paulmergel on Fri, 07/25/2008 - 10:23

( Posts: 15514 | Credits: )


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


lrhall41

Submitted by paulmergel on Fri, 07/25/2008 - 10:51

( Posts: 15514 | Credits: )


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!


lrhall41

Submitted by smo65d11 on Fri, 07/25/2008 - 10:52

( Posts: 1467 | Credits: )


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


lrhall41

Submitted by paulmergel on Fri, 07/25/2008 - 11:16

( Posts: 15514 | Credits: )


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.


lrhall41

Submitted by goudah2424 on Fri, 07/25/2008 - 11:20

( Posts: 7935 | Credits: )


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


lrhall41

Submitted by paulmergel on Fri, 07/25/2008 - 11:23

( Posts: 15514 | Credits: )


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. :roll:


lrhall41

Submitted by mommontoya on Fri, 07/25/2008 - 11:45

( Posts: 501 | Credits: )