how is a summons delivered?

[CSAS]

I was wondering how a collection company or a credit card company sends a notice that they will be filing a lawsuit against you. I received one in February, that I did not open until I received another one in March. I received them both priority mail, just priority not registered or anything that I would have to sign for. Do they usually send it so you have to sign, so they are absolutely sure you received it?

My lawyer said that it is real, but that was over the phone. I am thinking it is them trying to warn me. The letter said that if I do not respond they will go ahead with the lawsuite. Any thoughts?

Thanks

[AngelinaCatHub]

In a legal suit, you must have delievered a summons. This usually is by a bailiff, (sheriff) and is hand delivered. A certified letter maybe, but you must sign for it oar declari you never got it as legally you did not. If they cannot deliver a civil suit summons to you, then anyone 18l or over in your household or at your employment will be legal.

In the event of Federal the whole thing is different. You were not served. 'Hub

[freckleface]

I live in Nevada--Citibank served my husband yesterday (Sunday) at home--knocked on the door and when my 15 year old son answered the door, the guy served it to my son. An adult never came to the door.

[BigJohn]

I was wondering how a collection company or a credit card company sends a notice that they will be filing a lawsuit against you. I received one in February, that I did not open until I received another one in March. I received them both priority mail, just priority not registered or anything that I would have to sign for. Do they usually send it so you have to sign, so they are absolutely sure you received it?

My lawyer said that it is real, but that was over the phone. I am thinking it is them trying to warn me. The letter said that if I do not respond they will go ahead with the lawsuite. Any thoughts?

Thanks

Each State has their own rules and regulations. What State are you in?

[BigJohn]

I live in Nevada--Citibank served my husband yesterday (Sunday) at home--knocked on the door and when my 15 year old son answered the door, the guy served it to my son. An adult never came to the door.

Each State has their own rules. You can file a complaint, it might slow the process down, but for the most part, it all depends on what State you are in, the court system and on the judge.

[cortez]

what about left on the doorstep, type of served?

I have heard that it is not important if the papers are put in my hand.

I am curious. Do the papers have a court seal or rubber stamp on them, are they original court papers?

What do I do if they are served legally?

I dont have enough money or property to panic, is my wife safe?

[OhioFiler]

Is your wife safe from what?

[AngelinaCatHub]

I live in Nevada--Citibank served my husband yesterday (Sunday) at home--knocked on the door and when my 15 year old son answered the door, the guy served it to my son. An adult never came to the door.

In almost all states, a civil suit may be served to the person of record, not left on a doorstep as it could blow away. It can be left to any person "of the household 18 years or older" not a child. It may be served to the spouse, or to the place of employment. It cannot be put on a windshield wiper, etc. At times, it can be mailed but with a return reciept usually signed. For unknown persons, it may be placed into the newspaper legal section.

A Federal summons is totally different. It must be put into the hand of the person named or into his pocket. It is not allowed to be given to anyone else including the spouse. It cannot be mailed. Both however can be served to a known attorney of that person. No summons can be served on a Sunday. I'm a pro at getting summons and avoiding them. Make them wait as long as you can says my friend and attorney. Don't make it easy. Eventually you will have to take the summons as it is against the law to knowingly avoid a summons but you DO NOT have to go to them, and they cannot open a closed gate upon your property or they are tresspassing and the summons could be negated. If you avoid too long, a bench warrent could be issued for contempt then you get to visit the jail for several hours. no fun. 'Hub

[cortez]

Is my wife safe from a judgement against me.

Another question. Can I file a letter of intent to stop the court process,
to buy enough time to negotiate with the law firms?

I want to pay something if not all, and want to try 1 last negotiation.

[freckleface]

In almost all states, a civil suit may be served to the person of record, not left on a doorstep as it could blow away. It can be left to any person "of the household 18 years or older" not a child. It may be served to the spouse, or to the place of employment. It cannot be put on a windshield wiper, etc. At times, it can be mailed but with a return reciept usually signed. For unknown persons, it may be placed into the newspaper legal section.

A Federal summons is totally different. It must be put into the hand of the person named or into his pocket. It is not allowed to be given to anyone else including the spouse. It cannot be mailed. Both however can be served to a known attorney of that person. No summons can be served on a Sunday. I'm a pro at getting summons and avoiding them. Make them wait as long as you can says my friend and attorney. Don't make it easy. Eventually you will have to take the summons as it is against the law to knowingly avoid a summons but you DO NOT have to go to them, and they cannot open a closed gate upon your property or they are tresspassing and the summons could be negated. If you avoid too long, a bench warrent could be issued for contempt then you get to visit the jail for several hours. no fun. 'Hub

Good info--thanks a million. Apparently the person that came to the door asked my son how old he was and what his last name was! She left it even though he said he is 15. We have no laws in Nevada (well practically none). My son was upset and can't stop talking about it, but my husband was SO GRATEFUL it wasn't delivered to work. He was really sweating that one out.

[albacore44]

Good info--thanks a million. Apparently the person that came to the door asked my son how old he was and what his last name was! She left it even though he said he is 15. We have no laws in Nevada (well practically none). My son was upset and can't stop talking about it, but my husband was SO GRATEFUL it wasn't delivered to work. He was really sweating that one out.

was this summons for a credit card ?? If so who was the lendor, and how long since last payment ??

[GoingDown]

In Arizona, it is usually delivered by a sheriff's constable (an elected official), but sometimes a professional process server authorized by the court can be used.

I would be very suspicious of any "summons" that came in the mail. It would probably be fake and just a way for the collection agency to try to scare you into paying them.

Most counties and states have websites where you can do a simple search on your name and see if there are any lawsuits against you. I found several under my name, but they were for people with different birth dates than mine. I had no idea my name was so common. Or that so many of my distant relatives have debt problems, too.

[treehugger1]

In some states, service can be made to any person in the residence 15 years of age or older.

In addition, here in Oregon, one can be served via certified mail, or publication in a local paper.

[cortez]

I used the advice of 'goingdown' and looked up my court case and have not
found a proof of service although I did find the actual court case.

Do I wait till a date is set to prepare any defence?