Found out I was being served via a FB friend.

First things first--this was illegally done. A process server attests to the court that you were duly and properly served, thats their job. This guy acted 100% illegally.

OK, did your friend actually talk to the process server?

Here is what I would do--I would have your friend prepare a written statement. In that statement, he needs to state the dates and times of the events. he needs to state that the process server asked for you by name and was told that you are no longer connected to that address. Then he needs to state that the process server came back later and dumped the papers on the porch anyways. This process server will have to issue a proof of service to the court, stating that he properly served you the summons in accordance with the law. Clearly he did not.

Your friend needs to get that statement notarized. Then you make three copies of it--one for you, one for the plaintiff, and one for the court.

Before we continue there, what state do you now live in? What kind of debt is it, and how long ago did it first become past due? This is important, as it could be out of statute due to age, and if it is, they are probably trying to fraudulently get a default judgment against you. You need to attack this one head-on.

Your very next step would be to check with the clerk of courts in the county where they sued you. You may be able to check this online--you need to review the full docket for your case. You are specifically looking to see who is suing you, and what, if anything, it says about proof of service. While your friend is working on that statement, check into that. Be sure to get back to us about the questions I asked--it makes a difference in how you should address this.

Once you have checked that out with the court, get back to us and let us know what you have found out. We can gladly help you from there.

I believe your state domicile would not come into play here since the debts were possibly incurred in WA and therefore, the SoL would of course be 6 years.

If such is the case, you will need to verify if the last account activity was more than 6 years ago before you proceed to court.

That is false information. The SOL that applies is the one in the state you currently reside in. There is no guessing on this one, I know it to be fact. There are some cases where this would be different, but generally speaking, your current state of residence is the SOL that applies to your debts.

First I would like to say THANK YOU for the response. Cannot tell you how much its appreciated :)

- yes, he and his roommate talked with the Server
- They are writing out their statements over the weekend to be notarized next week.
- I'm in Washington state.
- Old Credit card account
- I think the account became past due about 6 or 7yrs ago
- Plantiffs are MRC receivables corp. using local Lawfirm Suttle and Hammer
- Im going to my public storage unit to get my old records in the morning for exact answers...its been so long.

Will post back shortly....THANKS!!!

[QUOTE]First I would like to say THANK YOU for the response. Cannot tell you how much its appreciated :smile:

- yes, he and his roommate talked with the Server
- They are writing out their statements over the weekend to be notarized next week.[/QUOTE]

Thats great--if you would like, I would be happy to help review everything to make sure that you have what you need. Just let me know.

Quote:

OK, The original creditor outsourced the debt to a collection agency in 2004.
Then it went to another agency in 2004 and finally these (MRC) guys in 2004.

I have the original Docs from 2004

So, do I present this info to the Law firm in hopes that they drop it, or just show up to court with this documentation?

I would rather not go to court if that's a possibility?

THANK YOU

anyone????


Thanks

OK, so the debt is outside the SOL.

You need to check the docket to see if the debt collector is claiming you were properly served. Before I would do anything in this case I would check that. If the process server lied about the service, tell us what they have said to the court for proof of service.

Your next step relies upon finding out this information, so do that first and let us know what you find about how they reported proof of service to the court. At that point, you may end up having grounds for a lawsuit of your own....you have time still before it would get to judgment time, so do not worry about that just yet.

This story has taken another turn........

it seems that there was already a default judgement against me from them several years ago for this case and this is their attempt at collecting! :shock:

The want the original cc amount , plus their fees and INTEREST for years!

I went down to the court house to view the docket and it reads that the process server gave the original paperwork to the person who owned that house...and listed their name.

The dates do not match the time frame that I stayed there. I actually had my own place at the date/time shown on the paperwork.

so all of this is an attempt to collect a previous judgement that i knew nothing of. :(


can it get any worse?!?! :confused:

Simply motion the court to set aside the judgment for improper service. They did not serve you at YOUR address and sounds like you have the proof to prove it to them.

OK, this is actually good news, believe it or not. I'll explain....

Quote:

Thank you so much...

The original summons reads: I duly served a Mr. XXX (me) at his residence and usual place of abode, by then and there personally delivering a true and correct copy therof and leaving the same with Mr. XXXX , roommate.

Which is totally not true. I owned my own place at the time ( public record) they claimed to have served me there.

Also reads that i'm married...i've never been close to being married. :confused:

forgot to add that my residence at the time was in the same county...

is there some sort of form I have to fill out to try and get this situation fixed?

Regarding the name listed as your roommate, do you know that person? If so, how do you know them--a neighbor, friend, relative?

At this point, you can file an order to show cause--motion to vacate due to improper service. Your state's rules of civil procedure will tell you if the motion needs to be in a specific format or not. Usually, a motion is just typed up and filed with the court. We can help you put one together. When you do this, you will need to make three copies--one for the court, one for the plaintiff's attorney, and one for yourself. Get back to me about the roommate they named, and also please tell me more about this "married" bit....

The name they gave is a friends dad. He said he's never heard anything about them (looking for me) until this last guy came by to serve papers.

They asked if he were "me", he told them "no, my name is Joe" They said OK, left and then came back later that evening and left the papers on the front porch. Joe found them the next morning...and then we had the grapevine effect.

The complaint reads: Mr. xxxx , is believed to be a married individual.

But ive never been engaged or married or anything close to that.


thank you