Think someone is trying to serve me

[cyn5]

Okay, this morning someone pulled into our driveway (looked like a server) rang the door bell a few times, sat in their car for 10 minutes and then left. Defintely think it was a process server (could see into their car from my upstairs window and they had lots of envelopes/paperwork in their front seat). The only thing that would be on my radar right now are some association fees from a rental property that had been turned over to collections/lawyer a couple of months ago (we are letting that prop go into forclosure). We are not filing probably until the end of the month & I was hoping to not have any judgements or have to deal with answering anything.

We are in Colorado and I am not sure if they can just leave the documents on our door (I will have to research that), but I am wondering if I can stall them by avoiding being served? I will tell our lawyer about it on Monday...but was wondering what everyone's thoughts were on this. Perhaps I should just answer the door and let them serve me to get it over with.

[optimistic1]

Have you checked online with the local court system to see if a complaint has been filed ?

[cyn5]

Have you checked online with the local court system to see if a complaint has been filed ?

No, not yet (I think they charge $5 a search for court records). I just know what it is:-) Trying to figure out if I should just answer door next time and let them serve me or avoid them. I believe they have to send you a copy via mail too, so I probably should be getting something in the mail this week. I was just hoping that I could file before any judgements could be issued.

In this economy, I think the only businesses booming right now are process servers and bankrupty attorneys!

[cyn5]

Well, I did just look to see if there are any complaints filed...nothing for me or spouse. Hmmmm. Unless they filed it on Friday and it is just showing up in the court database yet. I do think it is the lawyer/collection agency for my past due assoc fees for my rental prop that I am giving up (I know associations can be relentless when it comes to collecting). I have also heard about being served with non-legal papers basically a scare tactic, asking for checking acct #'s, place of employment, etc. I probably should just let them serve me so that I see what it is and let my lawyer deal with. Would we have to move up our filing date because of this or can my lawyer hold them off until we file? I am curious as to how this would work.

[optimistic1]

Until you can actually confirm with your local by internet or phone that an actual "real" lawsuit is filed, I would moon the server when he gives you the paperwork.

[cyn5]

Yeah, I will keep checking next week to see if anything "real" has been filed. The HOA attorney/collection agency is one of the bigger ones here in Colorado and fairly agressive according to one bk attorney I talked to last month. Would they try to use scare tactics without actually filing lawsuit and have one of their servers serve you with essentially non-court documents? I think I read on this forum someone being served with something that had no case # on it (scare tactice). The funny thing is, this sever pulled into the middle of our driveway this morning..blocking our entire garage then just sitting out there for 10 minute in their car. I almost called the cops!

[optimistic1]

I would go out with my gun on my holster and tell him to get the hell off my carport.

[treehugger1]

Don't assume a suit has to be through your local county court. I have been served (legally) within my state by a suit that was filed many counties from me. However, most online court systems will often show all suits against you within you own state court system.

In terms of federal courts, the closest court to me is 100+ miles away. But, it is well within the servie jurisdiction of that particular court. Why not answer the door and see what gives? If you are ready or can file for BK, who cares if you are served. In my opinion, there is nothing gained by allowing yourself to be blind-sided.

[optimistic1]

Interesting, I should now check the next largest county court online to see if a suit is filed there.

But, honestly, how the heck would you show up for court, if the next county is 100+ miles away? Is that their way of gaining a default judgement?

[optimistic1]

Oh, see, thats exactly the type of stuff I referenced in that other post, about the things that you do Bigboy, you just sit inside of your house like a freakin hermit crab and never come out.

[BigJohn]

I would go out with my gun on my holster and tell him to get the hell off my carport.

I would ask him if he can read. (We have "NO TRESPASSING SIGNS") and then I would tell him we already called the cops and told them it looks like we might going to be victims of a home invasion because you got the car blocking all exits (sounds a lot like the wacko in Binghamton who killed 13 people).

[BigJohn]

Okay, this morning someone pulled into our driveway (looked like a server) rang the door bell a few times, sat in their car for 10 minutes and then left. Defintely think it was a process server (could see into their car from my upstairs window and they had lots of envelopes/paperwork in their front seat). The only thing that would be on my radar right now are some association fees from a rental property that had been turned over to collections/lawyer a couple of months ago (we are letting that prop go into forclosure). We are not filing probably until the end of the month & I was hoping to not have any judgements or have to deal with answering anything.

We are in Colorado and I am not sure if they can just leave the documents on our door (I will have to research that), but I am wondering if I can stall them by avoiding being served? I will tell our lawyer about it on Monday...but was wondering what everyone's thoughts were on this. Perhaps I should just answer the door and let them serve me to get it over with.

You should not have much to worry about. If you file at the end of the month, there is no way they can get a judgment that soon.

[lrprn]

Oh, see, thats exactly the type of stuff I referenced in that other post, about the things that you do Bigboy, you just sit inside of your house like a freakin hermit crab and never come out.

What are you talking about, and what is your problem?

You know Optmistic1 you have some serious issues, I don't think posts like what you just posted are going to help you with your problems either. Maybe its time to get some help.

Ok, that's it, you two. This is a personal conflict that involves only the two of you. None of the rest of us want to watch the sniping and name-calling. Take it offline now.

We value what both of you have to say and want you to continue to provide the good information you've both provided so far. However, the hostility and personal attacks in these posts I quoted is not welcome here in this online community. It's a direct violation of our forum rules, so you both are way out of bounds here.

If any of us moderators see this behavior from you two again on any thread, you both will be sitting on the sidelines for a week without the ability to post. This is your one warning. And this same warning goes for any other members who decide that winning an disagreement at any costs by defaming the other member, calling them names, calling them crazy, etc. is ok - it's not.

Now let's get back to the business of this forum - helping each other weather one of the hardest times of our lives.

[optimistic1]

Sorry.

[optimistic1]

Ok, I apologize, and it wont happen again, I programmed the settings to ignore his remarks. Im not the only one who gets into with him BTW, its not me.