Summons properly served?...
Date: Mon, 07/26/2010 - 09:21
Submitted by The fight begins
on
Mon, 07/26/2010 - 09:21
Total Replies: 6
Quote:Originally Posted by The fight beginsHi all!..I am in Illi
Quote:
Originally Posted by The fight begins Hi all!..I am in Illinois..A law firm (Blatt, Hasenmiller etc..) on behalf of Livingston Financial, said they attepmted to serve a Summons but could not due to "No Contact"...Now they just attempted to serve my wife...She said she would not sign for it and he said "Then I will just drop it on the porch"...Is this a valid Service?..I thought in Illinois I had to be the one and that I had to actually Sign for it?? I appreciate any help with this..Thanks!... |
what part of illinois?being in illinois myself i know that up north in COOK COUNTY,and all surrounding counties the sheriff must serve you personally.no exceptions.don't know about central or southern illinois,but up north the sheriff must serve personally.please answer that question about where in illinois you reside.it will go a long way in us helping you.
Quote:Originally Posted by paulmergelwhat part of illinois?being
Quote:
Originally Posted by paulmergel what part of illinois?being in illinois myself i know that up north in COOK COUNTY,and all surrounding counties the sheriff must serve you personally.no exceptions.don't know about central or southern illinois,but up north the sheriff must serve personally.please answer that question about where in illinois you reside.it will go a long way in us helping you. |
Hi Paul..(And everybody else..) Thanks for the help..I am in Cook County...I was actually inside the house and heard the whole exchange...My wife did not sign and he said it is regarding credit card debt and will just leave it on the porch..She told him "Whatever"...It is from a law firm, Blatt, hasenmiller blah,blah...They are suing me for 2 credit cards (On behalf of FIA and Livingston Financial LLC)....I sent them a DV letter for both over a month ago...What should I do now?..I was just about to send a 2nd request DV letter....Should I answer the summons?..It is outside on the porch still...Thanks again for your help....This thing is really starting to get on my nerves....I thought they had to Validate the debt before they can continue collections?...(I sent the 1st DV certified/return mail etc..) Thanks again, T.E.
Quote:Originally Posted by paulmergelwhat part of illinois?being
Quote:
Originally Posted by paulmergel what part of illinois?being in illinois myself i know that up north in COOK COUNTY,and all surrounding counties the sheriff must serve you personally.no exceptions.don't know about central or southern illinois,but up north the sheriff must serve personally.please answer that question about where in illinois you reside.it will go a long way in us helping you. |
(In Oak Park area...) Thanks Again!...
Claiming improper service will probably only delay the inevitabl
Claiming improper service will probably only delay the inevitable. If you were served via leaving the summons on your front step when you wife would not sign then it is pretty obvious that they intend on moving forward with a suit. You could use improper service to delay the hearing assuming the judge would allow it. My opinion is to verify with the court that a summons has been filed and a case is scheduled. You could then either answer the summons or file a letter with the court and copies of your validation request stating they have not validated and further collection can not be attempted until validation is complete. In the meantime I would dispute the entries with the 3 CRAs. My guess is they will continue with the filing and you will be forced in to court. You could counter sue for 1 of $1,000 and FCRA violation of $3,000 if they continue to attempt collection and report after you requested validation. You should consider hiring an attorney depending on the dollar amount of the claim. If the amount owed is under $3,000 it might not be worth an attorney unless they can collect on violations. Also, if they can validate then you should consider settlement out of court.
hang on there, not so fast... The FCRA penalty is up tp $1000
hang on there, not so fast...
The FCRA penalty is up tp $1000 per violation. It is not $3000 unless the CA has reported the debt on all three of this man's credit reports. Even then, reporting the debt is not a violation---it only becomes a violation if they continue to verify the debt as accurate to the CB's even though they cannot or will not validate the debt to you. The FDCPA calls this "continued collection activity". Under the FCRA, however, you can state a claim that they continued to verify as accurate a debt on the credit reports that they cannot substantiate.
In addition, the FCRA's penalties do not only stop at $3000....if they report a mistake on each of your three credit reports, thats $3000....if they report the same mistake on all three reports, after you informed them of the mistake, each month for six months, you now have $18,000 in violations.....
Thanks. You explained in more detail how I came up with the $3,
Thanks. You explained in more detail how I came up with the $3,000. I was basing it on continued reporting on the 3 CRAs after the agency had been requested to validate at $1,000 each or $3,000 total. He said he had sent them a DV letter and they ignored it and went straight to a summons. It seems to me that would be considered continuous collection with improper validation. Also, if they continue to report then that would be considered a violation of the FCRA. I did not know that the penalty could be calculated monthly though. That is a nice addition.