Suing w/o knowledge-Question for Soap Lady
Date: Fri, 12/17/2010 - 14:43
In your post regarding "can you be sued for credit card debts?" You mentioned that if a creditor has trouble finding you, then they can sue without you knowing.
How is this possible? Doesnt this violate Due Process? I know in my state, you have to be properly served.
If someone sues you with out you knowing, then when you do find out, all you would have to do is notify the judge of deficient due process, and then sue for damages if they did something (like garnish your wages) without you knowing..
Isnt that the reason why there is such a thing as skip tracers? So they can find you?
Please clarify, because I really want to understand. I think debt collectors are a real dirty bunch. I personally would rather goto court and pound them into the mud. But I am concerned that they are so dirty, that they will "sue me without me knowing" because they do not want me to know!! So I cant fight them and counter sue!
Please clarify what "suing you without you knowing" what that entails.
Whats to stop the creditor from claming that they "tried" and "failed"
Quote: You mentioned that if a creditor has trouble finding you
Quote:
You mentioned that if a creditor has trouble finding you, then they can sue without you knowing. |
Please dont take this out of context. SOme legal offices will attempt to serve you at your last known address and then possibly serve by publication. If you have moved or you dont read the paper, you can be sued without your knowledge
It could be argued you know you owe a debt, thus you should expect to be served. Thus you would want to be in touch with your creditor to give them a chance to serve you properly.
I guess the debt collectors are simply doing their job. They mig
I guess the debt collectors are simply doing their job. They might sound bad and try out various soft-to-harsh means, but on most occasions it's more about doing their job.
I'd agree with Soaplady in that our creditors should get a chance to serve us properly. I guess that's the right reason for us to get our personal information (e.g. address) updated with the creditors.
I am aware of suing via notification in the newspapers. If a deb
I am aware of suing via notification in the newspapers. If a debt collector resorts to this and gets a default judgment, I could imagine when the person countersues for damages, that would not hold water with the judge.
I am in hell with Bank of America. They merged, and their records are all over the place. My old employer, (with whom I used to do the books for) had a business account with them, and BOA was sending blank check books with over $250,000 open lines of credit, to addresses more than 10 years old, siting that is what they had in their systems. Never mind that all the bank statements, etc, were going to the correct address.
My point is, people at these institutions do their job, but they do is SLOPPILY. These same people will probably end up mailing notices to the wrong address, because they are sloppy! It literally took me 10 years, to correct an address change with them. Some idiot clerk did not know how to do their job, and they put in the wrong address in the wrong line in THEIR computer system. It took forever to fix!
A notification via newspaper? sounds sloppy to me and just down right sneaky. I've heard of people losing their rights to their children this way, but I guess in that case its warranted if those people are not involved in their childrens lives. .
I say, if you want to serve someone, hIre a private investigator, (like my attorney did), and find the person. Isnt that what process servors are for?
If someone got a default judgment on me, via the newspaper, and the debt is not even valid, (rarely is the debt valid if its not from the original source) I would sue them in federal court for every damage available.
I read the paper, but what if I dont read the one they sued in? I would pumble these people in court.
suit by publication comes with it many caveats. you cant just s
suit by publication comes with it many caveats. you cant just say one day that you wanna sue someone and post it in the paper. there is due diligence involved as well as multiple attempts at service prior to public notice. also process servers are not required in all states. you're all over the board with your criticisms. ill grant you one thing though, collectors skip tracing is sloppy. hire a private investigator? do you have any idea what it would cost a major financial institution to hire a private investigator for every debtor that defaults and moves???