Originally posted by optimistic1
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Possible visit by process server.
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Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick
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Originally posted by optimistic1 View Posthaha, Ed McMahon is dead!Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick
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Optimistic, Oregon has a very simple procedure for what is called "domesticating a judgment." The sad fact is that the judgment can be authorized by ANY county court here, and acted upon in my local county. On the other hand, many judgments are simply attained but never enforced. Perhaps the legal firm gets paid from the OC/CA for obtaining the judgment and the judgment just sits there. Everyone gets paid except the OC/CA. LOL.
I don't think that you, BB, I, and others are all that rare when it comes to finding a lot of time after default. I do believe the difference between "us" and others is that we take the time to exercise our rights under state and federal laws. The cost of doing so is minimal. Eventually, I believe a summons will appear before me. Yet, if you think about it, there are hundreds of thousands of defaults and chargeoffs occurring. If you are an OC, CA, or JDB, who are you going to chase down? I suspect that in these troubled economic times, you will go after the fruit that is ripe and close to the ground. A CA, JDB, OC, or collection law firm has to control their costs as much as anyone else. I would think this is especially true with BK filings increasing and the odds of expending thousands of dollars to get judgment, only to have the debtor file BK, are also increasing.
In terms of your original post, I had a man knock on my door a while back, and I freaked out! It turned out it was only a company attempting door-to-door sales of home alarm systems. The company would give me $50 cash if they could put this little sign in the yard saying "this home protected by #### alarm company.* All I had to do was give them my name, phone number, etc. I told the guy to pi** off. The next day, I noticed many of my neighbors had little signs in their yards. It's amusing what little money it takes to get someone to give up personal information to strangers! Yet, the CC companies got information form you, I, and millions of others. We obliged and now it takes a few years to "disappear" from the system. It can be done.
Well, I digress...Time for a nap!
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Originally posted by optimistic1 View PostGuy comes to the door today, suit and tie on, what a dead give away. Anyway, we dont answer of course, and he never leaves anything.
Cant figure it out, as I did a case lookup statewide searching every court docket, and there is nothing at all. I even called the courts myself and had them look it up, yet there is nothing. The court did tell me that they can serve me by certified mail, to which I plan on not answering the door for the mail lady as well, nor will I go to the post office and sign for anything until I am ready to file.
Wondering now if this was just a solicitor, or a mormon missionary, but I cant see how it was a process server if the courts are not showing anything under my name.
So they will show up in all kinds of shapes,colors,flavors.
You should have seen him taking steps back when my German Shepherd answered the door,she's a sweet baby but I wasn't going to be telling him that I wanted him to be afraid,very afraid.Filed July 7,2009
341 August 24,2009 (completed)
Discharged 10-28-09(Thank You Lord.)
Case closed 10-29-2009
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@TH1
LoL, I swear we get the same exact visits from Alarm salesman pushing the exact same pitch, and I already have a alarm, I tell them thanks but no thanks, although I wish I could tell them to pi** off like you.
No doubt the system itself is more overloaded than it has ever been in several decades, more so than ever before, before there even was credit cards, so I think it is very much a chess game where OC's and everyone in between is carefully picking the ripe fruit just as you poetically noted. Or it is just utter chaos, and OC's and CA's just havent a freaking clue what to do next. I think that time is on all of our sides, which is a good thing for sure.
@JustoverBroke,
What a disguise your server had, a freakin bum outfit. I've always expected them to be very elaborate and have a closet full of different disguises like post office outfits, UPS, you name it. Kind of like that movie Pineapple Express, man that was a funny movie.Last edited by optimistic1; 07-16-2009, 05:47 PM.
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Originally posted by optimistic1 View Post@TH1
What a disguise your server had, a freakin bum outfit. I've always expected them to be very elaborate and have a closet full of different disguises like post office outfits, UPS, you name it. Kind of like that movie Pineapple Express, man that was a funny movie.Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7
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I don't really remember how they served us, but it seems they left it in my door, then they mailed a copy. I don't know, but it seems like it's kind of pointless to hide from them. You can hide forever. I mean they will find you eventually and they can come to your work. To me being served at home was embarrassing enough, but being served at work would have absolutely killed me. I mean we are served here by the county police, so it's not easy to hide anyway. Ofcourse our attorney was paid so once those papers showed up, I called the lawyer asap and said it's time, we have been served!Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21
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I wonder what authority these types of people have when it comes to coming on a place of business?
It would be a little difficult to get to me at work, so I would be surprised to see them, but if they had a UPS disguise on, then they might get in.
Youre right though, I cant hide forever, although I'd like to think I could. Part of me just doesnt want to file, like I fear it for the unknowns. Wish I could stop and smell the roses for once.
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Originally posted by optimistic1 View PostI wonder what authority these types of people have when it comes to coming on a place of business?
It would be a little difficult to get to me at work, so I would be surprised to see them, but if they had a UPS disguise on, then they might get in.
Youre right though, I cant hide forever, although I'd like to think I could. Part of me just doesnt want to file, like I fear it for the unknowns. Wish I could stop and smell the roses for once.
Good luck and it will be ok, we survived filing just fine, and now I just wish we would have done it sooner, it really wasn't so bad.Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21
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In some jurisdictions process servers are considered officers of the court. In most places, it's illegal to interfere with them. While it's technically illegal to evade them, it would be very difficult to prove. For instance, if you don't answer the door.... First, they'd have to prove you were home. Then they'd have to prove you heard the knock on the door. Then they'd have to prove you had the opportunity to answer the door. Then they'd have to prove you didn't answer the door because you knew it was a process server.... There's no way they could prove any of this, unless you admitted to evading.
Process servers have every right to enter a place of business. But they only have the right to enter an area open to the public like a front office or reception area. They can ask for you, but they can't go looking for you, even if they know you're there. In most places you don't have to be served personally at work. They can leave the paperwork at the front desk with someone and you're considered served. If you live in a gated community with a guard house at the front gate, or live in a building with a front desk, they can leave it with the guards. Also, if you have a PMB (not a PO Box) they can leave it with the front desk. If you have a business and use a PMB for a street address, be careful here. Because you can be served there.
But the crooked process servers are the most dangerous, if you don't want to be served. They'll claim you were served or just leave it on your door step (many states don't allow this). If you contest it, many courts will allow the improper service, or you'll be served, when you show up in court to dispute it (but they may have to refile the case). The bottom line with no service (fraudulent) or improper service is they've got you. You can dispute the service all you want, but now they've got you in court, which was the point in trying to serve you in the first place.
Personally, I never answer the front door, unless I know who it is. That's what peep holes are for. I don't care, if they see lights and the TV on, I still won't answer the door for strangers. Part of it is that I don't want to be served. But another part is I think it's good common sense for the safety of my home.
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Originally posted by albacore44 View PostDon't forget the ever popular Groucho nose and glassesWell, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick
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Here's a "server" story that's true. The Federal service from a paid goon attempted service on my wife. Three guys at our front gate 800 foot driveway, one with a hood up looking at an engine (lined up with our driveway) one in the bushes, and one popped out of the bushes to give my god-daughter the wife's summons. My god-daughter told them she was not Mrs. XXXXXX but they did not believe her. She whipped out her drivers license, he ripped it from her hand, she ripped it back, he attempted to go through the now open gate she blocked him and said you are now trespassing, he pushed her and she said you have just assaulted me. They left.
Next, the gate was accidentally left open the same goon came in and through the summons onto the ground, I told him that was not proper service, he said "you've been served" (Federal must be put into hand or pocket) so I told my god-daughter to pick it up and I did not touch it. She drove it to the lawyer who filed it, asked to see him, the secretary said he was with a client, so god-daughter politely said, "could you give this to him, it is his?) she took it and said, "hey this was served" she said "it was thrown on the ground, B*tch, next time hire professionals" and walked out. It took them two months to serve me and only after I arranged to take the summons. It was to be a witness at a Federal Trial, not of my own. I didn't like the Plaintiff. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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In Georgia most civil papers are served by processes servers that wear brown slacks, tan shirts and most importantly... carry guns and badges. They are not the easiest folks to avoid. Very intimidating! Oh yes, they have a very pretty brown or tan car which they are willing to give you a ride to the Gray Bar Inn if you get too stupid with them.
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Originally posted by optimistic1 View PostSheesh, I feel for you, but without a warrant, I still would not answer the door, so they can serve my dog if they so choose.Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick
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