improper service?

Date: Sat, 12/18/2010 - 14:39

Submitted by anonymous
on Sat, 12/18/2010 - 14:39

Posts: 202330 Credits: [Donate]

Total Replies: 4

My father in law received a letter "tucked" behind his mail box on friday 12/17/2010 for a summons to go court for my husband. He also received one in the mail today post dated 12/17/2010. My husband and my self have been in our current home since 2001 and I believe that the last bill we received from this creditor was sent to our current address. We were in a debt managment program but could not finish it and this is one of 2 accounts that were not settled. The creditor never contacted my husband personally about this account since we ended the program. If they in fact had our correct address- which is a matter of public record could this be considered improper service in the state of mass. I cannot go to the court house until tues. 12/22/2010 to answer this summons.
please help

If you were not served, the service is improper. They sent it t

If you were not served, the service is improper. They sent it to your inlaws? Your inlaws should have returmed it via the post office as an incorrect address.

When were you in the DMP?? Were any payments made? That would affect the SOL.

lrhall41

Submitted by SOAPLADY on Sat, 12/18/2010 - 15:27

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The in-laws should have certainly returned it back. I'm simply w

The in-laws should have certainly returned it back. I'm simply wondering as to why it reached your in-laws. Did you by any chance share their address as your own (at any point of time)?

lrhall41

Submitted by anonymous on Mon, 12/20/2010 - 00:52

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my husband did live with his parents until sept of 2001, however

my husband did live with his parents until sept of 2001, however the account in question was not opened until 5/2002. Also when you google my husbands name or use the phone number that discover had at the time you get our correct address free. also i think that the amount is different from the actual amount that was charged off and this is the first time we have been contacted since entering into the DMP

lrhall41

Submitted by anonymous on Tue, 12/21/2010 - 05:40

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Interest often continues to accrue plus you are charged with the

Interest often continues to accrue plus you are charged with the court and legal costs so that will account for the higher balance.

They pulled some sort of skip tracing tool and found a prior address for you. The summons should have been returned...actually I would still suggest that your in laws send it back.

lrhall41

Submitted by SOAPLADY on Tue, 12/21/2010 - 05:52

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