HEEHEE, keeping the process server guessing

[CompTweaker]

Well, I did have one, but now theres 2 lawsuits against me. I'm just biding my time right now, no job, just about everything I have is exempt (maybe the motorcycle won't be, but I'm allowed $5000 for a vehicle and a $5000 wildcard exemption....and the truck is worth $2100).....I think the 2nd lawsuit didn't make it in time for the SOL, but the first lawsuit is the biggie. Anyways, I've been following the lawsuit and others this lawyer has sued and been watching the cases online, like when they were served, if they won by default judgements, how long it took....etc. I'm fortunate that my car is parked a pretty good ways down the road so the server has no clue when I'm home and of course I have'nt been answering the knocks to the door. I'm putting this off as long as possible and making the people suing me work as hard as possible in getting me.

I know eventually I'll get caught, or they will do a "serve through publication", and I plan on fighting them both. I'll use BK as my ace in the hole if I lose the suits

[treehugger1]

Even if you "lose the suits" it could take some time for the pieces to fall into place. But, keep in mind that if you are employed, it is not all that hard to find your employer and garnish wages.

If you can afford to answer any small claims, this can buy you more time. If you are served in district/circuit court above the small claims level, you can always file an answer, and this should not cost you anything but time. Here in Oregon the small claims cap is $7500, so things can move quite quickly to judgment, and the only recourse you might have is to get a mediation hearing. Filing an answer here in small claims does require a payment to the court.

On the other hand, here in Oregon a bank levy/garmishment is only good for the day the writ is received by the bank, and a wage garnishment expires after 90 days, so if you have no money in your bank account and have little or no employment wage, then the cost to satisfy the judgment goes up for the creditor/CA. I don't know what the statutes are for other states.

[CompTweaker]

Thanks for responding TH. well I'm ok since only IRS and child support can be garnished in my state. SOL is 3 years....arrgg which puzzles me. Is it 3 years from the last payment I made, or 3 years from the date of first being 30 days late? Some sites I've read have both listed and are contradicting each other.

Another thing I'm curious about is the timing of the summons being filed in court. If that filing date beats the SOL, but the actual trial doesn't, is it still possible to use the SOL expiration as an affirmative defense? And this lawyer coming after me has a little bit of a reputation for allowing some cases to expire the 210 day waiting period for someone to be served and getting the trial or a default uncontested judgement. What if he doesn't beat the 210 day deadline and it gets dismissed as "failure to prosecute", but then he tries to reopen it? Can I then use the SOL to get it dismissed since it will then be obvious? This month and next is the expiration of my SOL on the credit cards. He has over 50 cases open right now in my state and everything he's won has been "default uncontested". I've seen some where the case was settled "with prejudice" and the plantiff had a lawyer listed. It looks like a few others were fought and then dismissed, it just didn't mention the answers or any other details.

Bah, sometimes I think I'm on top of this thing and then the actual suit is occuring and I'm still unsure if I have all of the info I need. I cant afford to hire a lawyer so I'm going to do everything I can on my own. I just want to be sure I'm armed to the bone with proper information for a good strategy.

How's everything going with you Tree? I read where you had settled for a lesser amount with one suit. How about the others?



Oh, as far as bank levy, I will put what little I have into my gf's account and will use her checks to pay the bills if I need to. I'm down to less than $300 right now so I need to get a job real soon.

[treehugger1]

I'm not sure about the "timing/tolling" date for SOL. Lots of debates about this, and it probbaly varies by state.

I would guess that once a lawsuit begins prior to a SOL, the SOL is no longer a defense.

I have three more small claims cases in the next month. I'm hoping we can reach an agreement that works for all parties. I still don't have any judgments against me, but that could change.

I keep my bank accounts down to the bare bones, and if someone does get a judgment, I'll close the accounts immediately.

Dealing with my debt issues, small claims, etc has now become part of my life. Once I realized there is not all that much one can get from me (other than wage garnishment) I began to sleep better. LOL

[Lajazz947]

I would watch out how much you post here.

You never know who is reading it. Just a little friendly advice.

[CompTweaker]

Well good luck with those small claims TH....I'm like you, even if they win, theres not hardly anything they could get.


Thanks for the advice Lajazz, I'm sure I'm not the first to worry about something like that. But in a way, it doesn't bother me if that lawyer or CA or someone working for them figured out who I was (highly doubt anyone like that reads this board). It would just crash my plans a little because I want them to waste as much money and time as possible chasing after nothing. Outside of hitting the lottery, I will qualify for a ch. 7 when I file. I'm not letting them know yet that I plan on filing though. And I want to go through this lawsuit process just for the experience of it....a part of me wants to beat the suit instead of letting the bk discharge beat it, either way though, they're wasting their time and $$ pursuing me. If they get a judgement and file a lien, I will just have it removed with the bk.

[AngelinaCatHub]

OK, I’ve been there. Actually, it is against the law to avoid a process. However, you do not need to go out of your way to make it convenient. It also depends upon the Court as your job can pick up the process or a wife or anyone living with you over 18. However in Federal Court, no surrogate may take the paper, it has to be you and only you.

You are treading on the inevitable. I played a game with my adversary , and my GOOD lawyer, (one of few) told me to hold them off as long as you wish, but take it sooner or later as you do not want a Marshal to deliver it under force. If it is civil a Sheriff deputy or a paid process server (they are dumbnutz) could be employed to serve. I had one rough up my goddaughter once attempting to serve my wife. SHE WON!! LOLOL. ‘Hub

[CompTweaker]

Sorry but I don't believe ignoring a knock to your door by a stranger constitutes breaking a law, and all but once the knock woke me up and I was not about to get out of bed to answer an unexpected visit...and I stand by this until proven wrong with actual legal fact!! Maybe this is something new that I don't know about yet, and welcome said facts. This is one of the reasons why "serve through publication" exists. Or if they choose another route, to play the role as a deer hunter, so be it. And I'm the only one here to serve, no job (not yet anyway).....just so you know.

As far as delivering under force and roughing up goes, are you out of your mind? I'm talking about credit card debt only! The only thing constituting a reaction like that would be if I initiated the first physical contact, in which I have NO plans on doing. How the heck can you get roughed up by someone just delivering a message unless you start with them first?

I've read many of your posts and respect your responses, but come on, we're talking about debt collections, not bounty hunting.

[CompTweaker]

LOL, sounds a lot like cheap collector tactics (no offense Hub, just saying).
Thanks for the confirmation Big

[HHM]

As for the SOL timing. So long as the complaint is "filed" before the SOL expires, its a valid claim.

[ssdsco]

As for the SOL timing. So long as the complaint is "filed" before the SOL expires, its a valid claim.

That's interesting. I wonder if there's an SOL on turning a "filed" complaint into a judgment.

I had 2 lawsuits filed in early June. Neither has been served. Every 2-3 weeks Cohen and Slamoshitz sends me a copy of the lawsuit filed saying they know we can work this out without going to court.

[ssdsco]

I have no idea why these BS stories like this have to be posted to scare people.

There does seem to be a lot of pollution going on around here lately.

[AngelinaCat]

Geezus not another one of these posts.

Of course it's not illegal to avoid service. You only get served for civil matters (a subpoena is a totally different matter). Once you have been served then if you fail to appear for a deposition, debtors exam etc then yes you can have a bench warrant issued. But its not illegal to avoid a process server even if its the Sheriff. Now if you are stopped by the Sheriff and asked to provide ID and you don't thats a whole other story. But if you don't answer the door, just happen to never be at the address they have (and you live alone) then you can avoid service all day long. And its NOT illegal. In addition a "Marshal" does not do process serving and nothing is delivered under force. And neither can a Sheriff or process server "rough' anyone up. I have no idea why these BS stories like this have to be posted to scare people.

'Hub was being subpoenaed as a witness in a Federal trial involving our enemy and one of his minions. These people actually hired goons as servers, and they went so far as harassing the employees at my place of work. They insisted that he was there when in fact he was not. They interrupted a commission meeting and had to be escorted out of the building by the police chief. In short, to eliminate the problems associated with all this, my employer eliminated my job.

BTW This is NOT a BS story. This happened to us!

[HHM]

That's interesting. I wonder if there's an SOL on turning a "filed" complaint into a judgment.

I had 2 lawsuits filed in early June. Neither has been served. Every 2-3 weeks Cohen and Slamoshitz sends me a copy of the lawsuit filed saying they know we can work this out without going to court.

It is not a SOL per se, and you would have to check your state's civil procedure, but on average courts have a 5 year limit on law suits, meaning the case must be resolved one way or the other within 5 years of filing the complaint. (but obviously, there are procedures for extending that time frame, but that is more of an issuse for large, complex cases).

In personal injury cases, the plaintiff's attorney will often file the complaint to toll the 2 year SOL in order to continue settlement negotiations.

[treehugger1]

Heed HH's comments here. I did some research in my area, and as long as the suit is filed prior to the SOL deadline, the suit will stand in court. Part of this is that for some circuit and federal courts in my state, there are backlogs months long. Now, one might play the
fair and expediant trial, but in the civil cases I doubt this holds much weight. And, if you know you owe the debt, what expectations do you have? If you choose to fight against a debt that you know you owe, why would you expect any "victory" against the creditor/CA? The most you might gain is some time and a lot of hard work attempting to stall the legal process that will ultimately go against you. In my opinion, if you are insolvent and can't pay your debt then you can wait/stall for judgment and face the repurcussions or file for BK and begin to clean the slate. Many folks don't want the hassle of dealing with judgments in a BK, but then some folks are not ready to file for BK and are willing to deal with the fallout of a judgment (bank levy, wage garnishment, etc.) What you are able to deal with or "afford" is something only you can know.

In terms of "others" reading this board, I would not think this is any big deal. The law provides rules and regulations for both sides. As long as both sides are within the legal boundaries, then the courts can ultimately decide what goes where; not posters, CA's, or collection attorneys.

Cheers!