What if I don't let myself be served?
Date: Fri, 04/24/2009 - 13:23
I had a woman banging on my door at 11pm, said she was with universal sweepstakes or some garbage. When I questioned why she was here at 11pm she admitted to being a process server. I told her to have a nice day and did not open the door.
What happens now? Can they still proceed with a lawsuit?
I am not too sure what the stipulations are of a physical summon
I am not too sure what the stipulations are of a physical summons. But trust me, they can get tricky and most likely she will catch up to you sooner or later. They are like a repo guy :?
Hang tight someone will be along shortley to clarify and answer your questions.
If you dont accept the summons to appear in court. The court wil
If you dont accept the summons to appear in court. The court will still happen and they will issue a capias on you meaning a warrant for your arrest. The fact that you refused to accept the summons is grounds for them to issue a warrant. I would accept it and deal with it will only get worse if you ignore it.
Check you state laws...some can serve you by mail or publication
Check you state laws...some can serve you by mail or publication.
IL has two means for serving individuals who refuse to answer th
IL has two means for serving individuals who refuse to answer the door.
1) Service by publication. Notice of the case and summons can be posted in the "legal notices" section of a major newspaper for two consecutive weeks. After that, the court considers the individual served.
2) Upon motion by the plaintiff, and if the plaintiff can prove that the debtor indeed lives at the residence but is evading summons, a judge can grant Service by Posting. Which simply means after the judge approves, the process server can go tape the summons to the door, and consider yourself served.
service @ 11:PM are you kidding, i would defininately fight that
service @ 11:PM are you kidding, i would defininately fight that one seems that is against the law isn't it?
Quote:If you dont accept the summons to appear in court. The cou
Quote:
If you dont accept the summons to appear in court. The court will still happen and they will issue a capias on you meaning a warrant for your arrest. The fact that you refused to accept the summons is grounds for them to issue a warrant. I would accept it and deal with it will only get worse if you ignore it. |
Dont pay any attention to this ridiculous answer....it is 100% trash. Keep this in mind--you are being served a summons for a CIVIL CASE, not a criminal one. It is in criminal cases where you will have a warrant issued against you for failing to appear, not in civil cases. If that were true, then every time a debt collector got a default judgment in this country, the court would issue an arrest warrant for the alleged debtor! Thats pure nonsense.
I will, however, say this--it isnt wise to ignore a process server. In many states, if the plaintiff can show that they made a genuine good faith effort to have you served, but you refused, the court will allow them to publish notice of the court date in a local newspaper for a certain amount of time. Simply ignoring the summons service will not stop the court proceedings, and will only result in you giving up your right to defend yourself. You need to realize this--most lawsuits filed regarding debt collection are filed without the plaintiff having the proper proof to make their case! Why would you hand them a default judgment without at least making sure that their claims are legitimate? Suppose you owe a debt, but not to this collection agency....it happens! If you step aside and let them do whatever they want, you could end up with a legal judgment against you, forcing you to pay a debt to someone who isnt legally entitled to collect it! And THEN, if you pay them, the debt is still not paid because you would have paid the wrong people!
Accept the summons and find out what it is about. Respond at the
Accept the summons and find out what it is about. Respond at the appropriate times. Show up in court.
Yep, you will have to appear and defend yourself. Google search
Yep, you will have to appear and defend yourself. Google search your county Civil court, they will have their procedures there.
If you ignore it, you will get a default judgment against you for the entire amount the collection agency wants, and they will be able to garnish your wages and tax refund.
thiat is not true either--they cannot go after your income tax r
thiat is not true either--they cannot go after your income tax return unless it is child support or a federal debt, such as tax debt or a federally-fundeed student loan. They cannot touch a tax return at all for consumer debt. And, some states do not allow wage garnishment for consumer debts either.
Do a search for "rules of civil procedure (your state)" and you will find the process serving laws.
I stand corrected, scratch the tax return comment. What stat
I stand corrected, scratch the tax return comment.
What state are you in?
Seriously, I would just accept the summons and find out what it'
Seriously, I would just accept the summons and find out what it's about. As stated, you run the risk of a default judgment being issued and you certainly don't want that.
well they haven't returned with it , so how do i accept it?
well they haven't returned with it , so how do i accept it?
i'm in colorado
Yes! Do as Paul advises. If your County's Clerk of Court has
Yes! Do as Paul advises.
If your County's Clerk of Court has a website, you may even be able to look up the case there. You might be able to find out who's suing you, for how much, etc. right there on line.
Being served at 11pm definately isn't proper or within the law,
Being served at 11pm definately isn't proper or within the law, I would think, but DEFINATELY don't ignore this summons. Call the court on Monday, find out when the court date is and BE THERE.
My county also has a website where you can pull up your civil case details and one day, I did a search on Cashcall--just one business--and was amazed at the amount of default judgements they won, just because the defendant didn't show up. This is what they count on!
Looks like the OP would be better of just facing the music. :?
Looks like the OP would be better of just facing the music. :?