Constable keeps knocking at our door...

[rebeccanew]

My husband and I filed Chapter 7 bankruptcy in February. We are through with our meeting, our debt counseling, etc., so we are just awaiting discharge any day now.

Problem is, a constable keeps knocking at our door (several times a week) when my husband isn't home trying to serve papers to my husband. I answered the door once and he said he'd come back; my husband called the constable's office and was told that it was related to an account turned over for collections. He gave them our bankruptcy case number. Several weeks later, we have a different constable from the same county showing up. His last note said "information about a court date."

My husband says that there is nothing they can do, that I just shouldn't answer the door, and he called the constable's office again. (They said they didn't have notes about it in their system, but apparently made a note.)

Can we still be sued? We don't want to pay court costs; what happens if we just don't answer the door/show up for court? We are in TX...

[GettingGoing]

Have you called your attorney and let him know about this collection activity?

[justbroke]

Yes, please contact your attorney and inform them that there is significant collection activity. This is what we call a willful and egregious violation of the automatic stay. Perhaps you didn't list this creditor on your petition? Whatever it is, you need to inform your attorney immediately.

[jadams]

Make arrangements to pick up the papers. How can you know if it's a violation if you don't know what he's attempting to serve him with?

And if it is a violation, I would want to be served and have a copy of the papers. Proof of the violation. Rather than telling the constable and it making it into the shredder instead.

[JackBondLove]

You must answer the door, and if it is indeed a summons to appear in court for a court case from a creditor, simply relay the information to your attorney, and it will be taken care of promptly.

[keptdigging]

Why must you answer the door?

[StartingOver08]

Why must you answer the door?

In order to get served. It is best to have a copy of the documents and the time and date served in order to collect against the collector for violating the automatic stay. Get the documentation. Confer with the attorney and go after the violator.

[keptdigging]

In order to get served. It is best to have a copy of the documents and the time and date served in order to collect against the collector for violating the automatic stay. Get the documentation. Confer with the attorney and go after the violator.

Sounds more like "should" answer the door because it is in your interest. "Must" sounded like it was a crime not to.

[StartingOver08]

Sounds more like "should" answer the door because it is in your interest. "Must" sounded like it was a crime not to.

That is what is so hard about these forums....

[AngelinaCatHub]

Why must you answer the door?

Yes, you MUST answer the door. Now here is the caviot, it is illegal to avoid service. But, you do not have to assist the server. If you do not look out the window, you need not answer the door. If you do look out and see who it is, and not answer the door, you are breaking the law and could get a bench warrent for your arrest.

Now is most states, for Civil Court, the process server can leave the summons with any adult in the household. Or he can leave it at the place of employment and you have then been served. In Federal Court, they MUST serve you by hand or pocket, and there is no sarroget for Federal. 'Hub