Suit filed...what to do?

[miindebt]

I received a card from a process server stuck in my door 2 1/2 weeks ago and then again today. I finally found that there were papers filed against me from AMEX on 12/28 (only four months after not paying!). How long do they have to serve me (and incidentally, I was home - the server must not have even knocked because my three Golden Retrievers didn't go nuts)? And then how long can we draw this out if I hire a lawyer to answer this? We'd really like not to file until late April/May sometime...this is freaking me out!

I'm have an appointment with the attorney we're going to hire on Feb 9th, so then at least I can pass all calls on to him.

we're in Michigan, btw.

[OhioFiler]

File your own answer. Wait until the last minute allowed by law (last day anyway) and deny all allegations made by the plaintiff. This buys you time. You probably have a good 90 days or more before a hearing or trial might take place.

[AngelinaCatHub]

File your own answer. Wait until the last minute allowed by law (last day anyway) and deny all allegations made by the plaintiff. This buys you time. You probably have a good 90 days or more before a hearing or trial might take place.

Good advice but by all means, do answer the subpoena. They generally have 30 days to serve you but then, a Alias (second) Subpoena that will cost 30 more day. Warning, do not purposely avoid taking the paper, but you are not obligated to make any special efforts to help them give it to you. If you fail to look out the window and do not feel like answering your door, that is your business. If you acknowledge that person, then you are in contempt. Also they can serve your workplace. 'Hub

[BKDefender]

Re: Suit filed...what to do?

I received a card from a process server stuck in my door 2 1/2 weeks ago and then again today. I finally found that there were papers filed against me from AMEX on 12/28 (only four months after not paying!). How long do they have to serve me (and incidentally, I was home - the server must not have even knocked because my three Golden Retrievers didn't go nuts)? And then how long can we draw this out if I hire a lawyer to answer this? We'd really like not to file until late April/May sometime...this is freaking me out!

I'm have an appointment with the attorney we're going to hire on Feb 9th, so then at least I can pass all calls on to him.

we're in Michigan, btw.

Most states provide a 120 day period to serve the complaint & summons to you personally. If you answer on the next to last or last day of the 20 day period you get after receiving the answer, you'll have an extended discovery period where they'll file a Motion for Summary Judgment. If you oppose it stating that you believe that once the discovery period is complete that you will be able to prove your case. With that you'd easily get until April/May. Heck you might hit June/July by the time the judge denies the MSJ.

--William

[miindebt]

I found out by looking at the Michigan Courts website that they have 91 days to serve me. I also looked at the rules of civil service for Michigan, and this is what it says for individuals :

Rule 2.105 Process; Manner of Service
(A) Individuals. Process may be served on a resident or nonresident individual by
(1) delivering a summons and a copy of the complaint to the defendant personally; or
(2) sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the addressee. Service is made when the defendant acknowledges receipt of the mail. A copy of the return receipt signed by the defendant must be attached to proof showing service under subrule (A)(2).
(B) Individuals; Substituted Service. Service of process may be made
(1) on a nonresident individual, by
(a) serving a summons and a copy of the complaint in Michigan on an agent, employee, representative, sales representative, or servant of the defendant, and
(b) sending a summons and a copy of the complaint by registered mail addressed to the defendant at his or her last known address;
(2) on a minor, by serving a summons and a copy of the complaint on a person having care and control of the minor and with whom he or she resides;
(3) on a defendant for whom a guardian or conservator has been appointed and is acting, by serving a summons and a copy of the complaint on the guardian or conservator;
(4) on an individual doing business under an assumed name, by
(a) serving a summons and copy of the complaint on the person in charge of an office or business establishment of the individual, and
(b) sending a summons and a copy of the complaint by registered mail addressed to the individual at his or her usual residence or last known address.

Does this mean that the server has to serve me and only me? She can't serve my husband? That's how I read this, but just not sure if I'm correct about this. It seems that a lot of other people have written that any other "responsible person" at the address/residence can be given papers and that counts as the defendant getting served. What do you all think, or does anyone know about Michigan in particular?

[BKDefender]

Wow - so your state does not authorize service to your husband or an adult son/daughter living in the house with you? Nevada's rules allow that.

If that is your complete rule regarding service, then I would interpret that as requiring them to serve you personally and not your spouse or adult son/daughter or other individual living at your home.


For comparison, I've included Nevada's relevant portion of NRCP 4 (Service rule). If your state does not have a case that says service to a spouse or other adult individual living at your residence is proper service, then it sounds as if the plaintiff cannot serve to anyone but you directly and personally. Of course I'm not licensed in your state so I have no idea what the rules or other caselaw is there.

--William

================================================== =========
NRCP Rule 4(d)(6) Service Upon Individuals. In all other cases to the defendant personally, or by leaving copies thereof at the defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process.

[miindebt]

Thanks, William for your response - I can't find anything like that in our rules (except for the "person appointed by law" - could this be a spouse?).

Upon reading the rules further, I'm also reading that before the creditor can publish for service, they have to get that approved by the court which I assume wouldn't happen until the 91 days are up (a concern because we have a small local business that we intend on continuing to run).

I am still really concerned, though, that she may try to serve my spouse. If anyone is interested in reading the MI civil rules to see what you think (which I'd really appreciate!), here is a link:

http://coa.courts.mi.gov/rules/documents/1Chapter2CivilProcedure.pdf

Thanks, everyone - this forum is such a great resource. I feel so much more at ease after reading everything on here. Information is a wonderful thing!

[BKDefender]

I can only answer as to how the rules are in Nevada since that's the only state within which I'm licensed.
Here if we have tried to serve the defendant and they avoid service, they've moved, they've disconnected their phone, or any other situation exists that makes it difficult to serve the defendant personally - we can request service by publication. Note the 'request'. We have to file a Motion with the court requesting that the court issue an order allowing us to serve the defendant by publication. It's considered an alternate to personal service so the attorney on the case has to provide an affidavit of due diligence, I also have to provide an affidavit of due diligence from the process service company hired to serve the defendant.

In Nevada we don't have to wait until the full 120 days are up (we get 120 not 90 days here.) Generally, though, we can't try to serve once or twice, wait 100 days then request an extension unless we can prove we kept trying.

If you're concerned she'll try to serve your spouse, then your spouse should refuse to accept anything from the person's hands. She can't throw it at your spouse hoping it hits them on the chest and call that proper service (I've had a company do that to a client and he said he left it on the floor for people to walk around until the cleaning crew picked it up...)

Unless there is a case out there that says a spouse = 'a person appointed by law', I have a hard time believing that is proper interpretation. Here that means a person who is like an appointed guardian or even a receiver to handle one's affairs if one is incompetent.

--William

[catleg]

We're happy to have you on the board, BKDefender.
How does the economic recovery look from your perch?
Do you think the banks are still holding massive REO off the market?

[BKDefender]

I'm not a financial wizard by all means or I'd be retired by now.

I can tell you that here in Nevada, where foreclosure is a word known even by elementary kids now, we've started to see a LOT of short-sales go through, even more so than foreclosure sales. It's mostly, if not completely, investor cash-based though.

I'm starting to see a correlation between real estate recovery and tech industry recovery (my former dot-com life prior to becoming an attorney.) Back in the mid/late 90's if you could spell Internet you could get millions for any idea you could dream up. The world came to an end around 2000-2002 and now the companies that survived are starting to get investment money based on the strength of their actual business plans and profit-loss statements.

Now in the real estate market the people that speculate with loans can't buy homes and only those that successfully rode through the real estate crash with actual cash are able to buy homes. Hopefully this means that people who do not have the financial wherewithal to afford a home won't be buying them and we hopefully won't repeat this for at least another 20 years again.

--William

[treehugger1]

Go to subchapter 2.1, etc. I don;t know if these are curent for the Michigan riles of procedure. It might be a starting point

http://coa.courts.mi.gov/rules/documents/1chapter2civilprocedure.pdf

[catleg]

I'm not a financial wizard by all means or I'd be retired by now.

--William

You and me both. I've seen a lot of money slip through my fingers.

Just curious whether there is any light at the end of the RE tunnel or another wave of bad stuff is going to hit. I get the feeling the Gov't is pumping RE as hard as they can (to protect the banksters, of course).

Maybe the influx of cash investors is from southern Cal. I've heard the same thing about the real estate market there. Wonder how many of those Calpers checks get mailed to NV addresses?

The concept of debt deflation/liquidity trap seems hard for most people to grasp. I definitely think we're going the same route as Japan, though it will probably end quicker for us.