I received a post card in the mail from the SHEIRR'S DEPARTMENT
Date: Tue, 01/20/2009 - 05:05
tyHE ONLY PRIOR LETTER i HAD RECEIVED FROM THE ATTORNY WAS THAT A LAWSUIT HAD BEEN FILED...and it wasn't even signed by the attorney ( I think un-signed letters may be in violation of the law)...and the very next day after receiving his letter, I received the post card from the sheriff.
I did some research ( either Ucc code or fdcpa...don't remeber which or what clause, but I remember reading that sending post cards of this manner is DEFINITELY ILLEGAL ! I still have the post card in my files.
The post card was dated in February 08, and I STILL HAVEN'T RECEIVED A SUMMONS, LETTER FROM THE COURT OR OTHER LETTERS FROM THE ATTORNEY in almost one year ! I did send the attorney a certifed letter at the on-set, telling him that I would hold him personally and corporately liable for any harm, wage garnishment, bank levy, etc that he caused me. I don't know if that got his attention or not, but something has happened for such delays to have occured. My thinking is that the case may have been dismissed without notifying me. I'm not about to contact the court or the attorney as this might start the clock again and I think we have time on our side at this point. I'm thorughly confused about all of this.
Some of you who are more knowledgeable about these matters, HELP ME OUT HERE PLEASE !!
You need to contact the court to find out the status of the case
You need to contact the court to find out the status of the case and obtain a copy of the cae file. This won't restart anything. What state are you in?
Alao, the fact that the Sheriff's dept sent you a post card is not a violation, only if it had come from a Collection Agency. In Texas, the JP courts send out postcards to people who have had a default judgement entered in againnt them.
Thanks, Nacar Devil !
As I stated in my letter, I lve in Tennessee.
also does the TFC pertain only to residents of Texas or is it universal to all states ?
generally, there is a set amount of time for the summons to be s
generally, there is a set amount of time for the summons to be served. After that time, it becomes void and the plaintiff would have to refile to have you served again. At that point, again generally speaking, the case cannot continue.
however, you would definitely be smart to check with the court clerk's office on this one--they may have tried to sneak a default judgment past you by claiming that proper service had been done. it has certainly happened before. If so, then you can file an order to show cause and request that the court vacate the judgment due to improper service.
Usually a summons has to be served within a year or it is dismis
Usually a summons has to be served within a year or it is dismissed. That doesn't prevent them from re-filing though.
So far it doesn't sound like they actually did anything wrong. A sheriff is most likely allowed to send post-cards notifying you of official court business. And the attorney even admitted they didn't serve you. So, until they serve you, a judgment cannot be entered.
