Summons for Payday Loan
Date: Wed, 08/15/2012 - 12:57
STAY OFF THE PHONE!!!! Ignore these idiots...nobody is coming t
STAY OFF THE PHONE!!!!
Ignore these idiots...nobody is coming to serve you.
I can promise you that summons are not served by the phone. I w
I can promise you that summons are not served by the phone. I worked for a lawyer for ten years, and am familiar with service of process. Phone is not a valid method of service of process. In addition, before I ever even took out a payday loan, I started receiving calls from some company that called itself "American Legal Services," stating that they had a summons for me that was going to be delivered to the courthouse the next day unless I paid them some foolish amount. To entertain myself, I usually asked them what county the charges were in, or what company had filed them, because I knew that it was some kind of scam. Other times, I gave them the name of an attorney that I knew. But trust me, if a lawsuit of any kind is filed against you, civil or criminal, you will be notified, and not by telephone.
Summons
I received a call stating he was from a law office stating I has a court appearance this morning at Providency County and they were calling to see why I did not appear. I indicated I knew nothing about it. He stated there was a mixup with the summons in their office. He indicated I could either settle or schedule for another court date and a summons would be issued. He verified my address and said I would be served and have to appear in court. I notified Seven Group on July 31st that I was revoking my ACH authorization. They did not attempt to charge my account so I thought it was all set until today. Do you think this is legitimate? They said I would have to pay court costs and attorney fees and could have to pay double the original debt. I want to just settle but worried this is just one of their scare tactics. Thanks. :confused::confused:
No, that doesn't sound legitimate. No attorney for the opposing
No, that doesn't sound legitimate. No attorney for the opposing side would call you to ask why you weren't in court. As I said, there are certain ways that summons have to be served. AND, summons are GENERALLY for witnesses, not defendants. The first action in a civil lawsuit is a complaint, and that has to be served in person, with YOU signing that you received it, by Sheriff, again, with YOU signing that you received it, or by certified mail, once again, with YOU signing that you received it. If it were criminal, there would have been a warrant for your arrest, and again, you would not have been notified by phone.
Don't worry. These people are the ULTIMATE scammers, and are only trying to get you to bend to their will. I am really confident, after only one day of putting the plan outlined here into action, that we are in the right. Stand your ground! Don't pay them anything more than the principal of the loan.
Quote:As I said, there are certain ways that summons have to be
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As I said, there are certain ways that summons have to be served. AND, summons are GENERALLY for witnesses, not defendants. |
Wrong....you receive a summons when you are being sued...and you are the defendant.
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The first action in a civil lawsuit is a complaint, |
The complaint is made to the court
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and that has to be served in person, |
you are served a summons which contains the complaint information
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with YOU signing that you received it, |
a summons generally can be served on anyone over 16 years of age residing at the household. YOU do not have to be served personally.
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by Sheriff, again, |
In some states is is a sheriff, in others a process server or another third party.
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with YOU signing that you received it, |
not in all states. In some states it can be dropped at your feet or just handed to you.
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or by certified mail, once again, with YOU signing that you received it. |
Again, only if state law requries it. Some states you can be served by publication, others allow a summons to be "nailed" on your door. It alll depends on the rules of civil procedure for the individual state,.
may i interject here
the real issue is that a complete maggot is calling and breaking the law.the OP needs to first confirm nothing is on the dockets with their court clerk.then file police reports,and ignore this mutant.another issue is the blamket misinformation being posted.soaplady as usual is spot on.the OP shpuld heed her advice.
Soaplady, you are correct...I was wrong. I was thinking about s
Soaplady, you are correct...I was wrong. I was thinking about subpoenas.
Sorry, OP...
However, summons are still NOT served by phone. You can always ask how you were supposedly served. The methods that I listed for the serving are still correct. Someone has to sign for it. :eek:
That's not true. In some states you can be summoned by mail o
That's not true.
In some states you can be summoned by mail or even by an ad in the classifieds section of the newspaper.
OK...sorry...guess I'm wrong again. Won't post anymore...
OK...sorry...guess I'm wrong again. Won't post anymore...
You're welcome to post :) We just like to make sure that peop
You're welcome to post :)
We just like to make sure that people are given accurate info. It's important. Especially when litigation is involved.
This website gives bad information as they are acting like legal
This website gives bad information as they are acting like legal counsel without being an attorney.
I believe a lot of people would disagree with you! This site ha
I believe a lot of people would disagree with you! This site has helped many, many of us get out of the payday loan trap. :o
another beauty
to #12.back to the phones please.it's getting easier to detect shills.humanoids,and bobos.#12 is such a being.ignore their short,but stupid post.