OMG - They just tried to serve me

[CCCrazy]

I hope I did the right thing by not answering the door. To be officially sued by a creditor you have to be served, right? The papers have to be placed in your hand, correct? I'm in IL, and I'm sitting at the kitchen table eating breakfast and this Guido looking guy walks past my front window and rings the doorbell - he didn't see me. I jump up and stand in front of the front door, and he rings the bell for like five minutes and then leaves. My car is parked in front of my garage today - he just can't leave the papers on my car, can he? I'm afraid to go outside now.

Im meeting with my BK attorney on Monday - I think he's going to file then. I don't have to be worried about this attempt to serve me, do I? Once I file, it won't matter anymore, correct?

[spearmint]

Not always. They can tape it to your door. Depends on your state's laws.

[CCCrazy]

Nope, just opened the door, nothing taped on it. So I'm not officially sued, right? Until the papers are placed in my hand the number of days I have to reply don't start, correct?

[HHM]

Papers do not have to be physcially placed in your hand. But they will need to make another attempt or two before they can resort to other options.

[justbroke]

As HHM wrote, they can serve you many ways. The first and most widely accepted practice, is by hand. Then they'll try by mail. Then they can post it in the newspaper for 2 weeks. Eventually, they will have exhausted all the various methods and can quite easily stand in court and state that they attempted to serve you.

Various underlying non-bankruptcy law prevails, so this differs by State.

[BKorbust]

I've beed served twice. Both times the process server just slid the paperwork though my mail slot. He didn't even bother ringing the bell.

[Tromploi]

They served my 14 y/o son out in front of our house. We had already filed and just called and told them and it was dismissed. Since you're filing soon it should be okay!

[CCCrazy]

Hi Tromploi, you called who and it was dismissed? The creditor, your lawyer? I would just like to know in case I get served after I file, which is most likely going to be on Monday.

And just so I know, anyone, how do I put those dates at the bottom of my posts so I can keep you all updated on when I file, when my 341 is, etc?

[jktrading]

Sometimes they even say they served you when they didn't and you get a default judgement entered against you. Since you have an attorney, I recommend accepting the paperwork, so he can get all the details of the lawsuit and put a stop to it.

[JRScott]

I agree with jktrading.

Go ahead and accept the papers.

Take the papers to your lawyer.

I was served before I filed, no big deal took papers to lawyer.

He took the case number and info and added to the bk petition.

[coralfang]

My dh got served in the lobby of the bk lawyer, right before his initial consultation. It took GMAC two years to sue since I stopped making payments on a lease turn in. You should have seen the look on the lawyer's face when we told him my dh got served in his lobby.

[NoMoreRed]

And just so I know, anyone, how do I put those dates at the bottom of my posts so I can keep you all updated on when I file, when my 341 is, etc?

Click the link above named User CP then click the Edit Signature link and add what you want.