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help with summons

Date: Thu, 05/08/2008 - 20:46

Submitted by lwishman
on Thu, 05/08/2008 - 20:46

Posts: 21 Credits: [Donate]

Total Replies: 9


My friends mother recieved a summons to appear in a Rhode island court on the 14th of May. This is from a past debt which she had previously paid on. She already had a judgement against her and just in the past 4 days they seized her entire bank account and left her with a neg. balance.
The summons came via regular mail today, does it not have to come from a process server? It wasn't even sent with a return receipt and it came from a "lawyers" office and none of the papers have any official type of court stamp on them.
She lives in South carolina (used to live in Rhode Island)how is she supposed to get to Rhode Island by next week?
The only income she recieves is Social security, workmans comp and disability pay. Can a collector take this money?
I am trying to help her as best I can, and would appreciate any help I can get. If there is any more info you need I will provide it ASAP. Thanks so much!


sounds to me like they are out of luck. how long has she not lived in RI?
Who is the person suing her?
when was the last time a payment was made?
I ask this because if the company suing her is from RI and she is not then that might be improper venue.
tell us as much info as you can.


lrhall41

Submitted by on Thu, 05/08/2008 - 20:55

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She needs to respond to it otherwise they will receive a default judgment. (Wondering here however what the previous judgment was for, if it was the same debt it wouldn't make sense to sue someone twice after you've already won once)

Have her call the clerks office of the court this is supposed to be heard at. See if she can't notify the court of improper venue and have it dismissed that way. If you run into any problems let us know and we'll take it from there.


lrhall41

Submitted by JCEMT on Fri, 05/09/2008 - 04:24

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The person on the letter is Rumford Credit Services, Inc. serviced by Nicholas Barrett and Associates.
This is a notice of Attachment and is scheduled for a hearing on May 14, 2008. It has a list of possible exemptions she can claim, all being the money that was in the account at the time they took it.
Originally she did live in Rhode Island, but has since moved to South Carolina which is now her permanent address.
The bank account in which this money was taken from was also in her daughters name, which is different from hers. How can they take that money if the account was not just in her name?
The bank will not do anything. Her SS checks come through the mail and she deposits them into this account. How does she get that money back?
So since the attorney, court date and location are all in Rhode Island and she is not, she should call the clerk of the court and request improper venue and have this dismissed?
Thanks again for the help.


lrhall41

Submitted by lwishman on Fri, 05/09/2008 - 17:23

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Both Rumford Credit Services and Nicholas Barrett and Associates are owned by the same person, Nicholas Barrett. Unfortunately, Rhode Island laws on debt collection suck. They don't have to be licensed to collect debt.

The statue of limitations in Rhode Island is 10 years.
South Carolina it is 3 years. I am unsure which one would apply. Hopefully someone else will chime in. How long has she lived in South Carolina in years?

I strongly suggest consulting with an attorney on this matter asap. She will definitely have to respond somehow on this matter before it is too late. Tell her she can try calling the court house and explain that she doesn't live in RI.


lrhall41

Submitted by on Fri, 05/09/2008 - 19:21

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My 2 cents....

Most states/counties/cities have some kind of not-for-profit legal aid for low income people facing serious legal problems like this. Grab a phone book & start calling numbers under social services....or maybe one of the experts here knows of a good pro-bono service in her area.


lrhall41

Submitted by on Sat, 05/10/2008 - 07:16

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In this land "of the free, and Home of the brave", it is downright shameful and pitiful that these huge corporations don't have the moral compass that all human entities would need in order to empathize with the needs and wants of some folk in our society that are the most vunerable. These corporations sadly have demonstrated a truth that was spoken of by author and holocaust suvivor Kitty Hart, who survived Auschuwitz,and wrote about it in her autobiography stated that when governments and corporations begin to reduce people into numbers and statistics, thus their humanity is taken away from them. In other words, When people become mere figures on a page than it is far easier to be emotionaly and psychologically void when it comes to their fate or status. It is easier not to care for them...and it is easy to perpetuate injustices toward them. It is easy to commit criminal acts against them, it is easy to commit actions of violence against them, including acts of economic violence. Shame on our society, and or government for allowing corporations and numerous other entities to terrorize and enslave the citizens of our own Republic by way of economic terror and violence. When our own government entities allow these types of actions to go unchecked, they undermine our entire ideals of our democracy and fairness. These corporations use aspects of facism in a free society to collect debts from people that either can or cannot afford to pay. One of the major crucibles that our founding fathers attempted to escape when they came from England and other parts of autocratic Europe was the violence of throwing persons in jail that were unable to pay debts, or the overall exploitation of debt collectors by charging absorbant prices for goods and services. These along with freedom of religion were one of the major reasons that people sought to form what we know of as this current republic. Now, when you see these huge organizations that are so greedy that they would snatch someone's social security benefits.... (In some cases a person's only form of income) that goes against our basic sense of fairness, decency, and humanity. We as Americans need to bring government and corporate entities to task because they continue to exploit and to rob American citizens. "Injustice anywhere is injustice everywhere"...Yes, even here...this is economic violence.


lrhall41

Submitted by meircats on Sat, 05/10/2008 - 08:57

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