3 Days From Court Date - Have Yet To Receive Summons?

[ryan]

I'm only 3 days away from a first court date for a CC lawsuit. It was filed over a month ago and I've yet to receive a thing. the only reason I know about this is, I was in court a few weeks ago for another lawsuit, and looked up my name on the electronic court docket for cases pending and closed etc.

Had I not done that, I suppose I would have been completely blindsided.

Assuming I get no service in the next few days, any suggestions?

It seems to me I should still make an appearance regardless. Then tell the judge exactly what I just explained above. Is the judge likely to accept that?
(btw, I've made no effort to be evasive since I just assumed it was coming and had resigned myself to it.)

Could the CC plaintiff's attorney just say "Ok, I'm serving you now!" ?
right in front of the judge, or something like that. I'm confused.

[shark66]

I don't know what the rules of "serving" someone with a summons are in your neck of the woods, but where we live I'd just play dumb to knowing anything about the whole thing, since one has to be served by a law officer and sign for it...

Good luck.

[flyinbroke]

I would show up. You will likely stun them by showing up....they do this hoping for the default judgment when people don't show. I would also explain that if not for looking up the records that I would not have known I was being sued! I do believe they have to serve you and slapping a summons in front of you in the courtroom is NOT service. You could have a case against them, and a likely dismissal though I would wait for a lawyer to back this up.

In order to be served, there has to be accounting. Some require it in person, with a signature (which some CAs will manufacture.) Some will serve by mail, but it has to be registered, FedEx or some traceable means with signature. There has to be accountability.

[frogger]

I don't know what the rules of "serving" someone with a summons are in your neck of the woods, but where we live I'd just play dumb to knowing anything about the whole thing, since one has to be served by a law officer and sign for it...

Good luck.

Perhaps, but there is also a service that does not require for a person to be personally served. The paperwork can be left at the last known/best address for the person.

It's legal, it holds up in court.

[ryan]

I looked up what constitutes lawful service in my state and county.
For this type of suit it can be by personal service (either sheriff or paid process server) or by certified mail (must have return receipt)...I've received neither.

It also says if they cannot reach you by these means they can go to the judge and seek an order to "service by publication" which i guess would be an ad in a local paper. I would not know where to begin to see if that has occurred.

I was thinking of showing up, and I will. I'll explain pretty much like Flyinbroke said.

[treehugger1]

Check the case file at the courthouse. In many states there is a notice in th ecase file how/when one was served.

[catleg]

Just show up and ask for a continuance to review the complaint since it was never served upon you.

[ryan]

Treehugger, you were right!....I went to the courthouse today and got a copy of the suit and of the "Affidavit Of Attempted Service." It says the process server tried twice to serve the papers at almost exactly the same time, one day and then the next. Then it says he "discontinued attempting service".

I was gone both times and its odd he didn't try in the evening or just at another different time of day??? ...unless he really wasn't that interested in finding me anyway.

So, I will appear on Monday and tell the judge I was not given proper service and ask that the complaint be dismissed.

[WhatMoney]

Just be prepared to have the judge say - "well, you are here on the correct date so you must have received service somehow."

If the judge refuses to dismiss or give a continuation, be prepared to have a defense, and never admit it is your debt. Good Luck.

[ryan]

Just be prepared to have the judge say - "well, you are here on the correct date so you must have received service somehow." If the judge refuses to dismiss or give a continuation, be prepared to have a defense, and never admit it is your debt. Good Luck.

My answer, WhatMoney, will be the truth....

"I was in the courthouse a few days ago to file a motion for another lawsuit I am a party to. (a foreclosure suit)"

"As a matter of habit, your honor, I have been punching in my name into the court docket machine in the lobby area, just to see if there are any updates to my FC case."
"...I did that and my name came up attached to a new lawsuit from a new plaintiff. It included the date, courtroom and time. Having nothing else to go on, I came here today, your honor, to actually see a copy of what the complaint is, for the first time and be granted time to answer it."

That would be my response to the judge.

[mpm203k01]

Ryan What happened here?

Bump

[ryan]

Heres the follow-up:

I decided NOT to go to court. Had advice from a friend, whose brother is a local atty.

He said if I showed and complained I wasn't properly serviced, Judge would no doubt agree. BUT, then the plaintiffs lawyer would serve me on the spot! ....and in my state it would be considered effective service. So, I did not appear.

Result: Case was rescheduled for months from now "due to no proper service"

Which does help me in preparing for BK...I just wanted to avoid a judgment as long as possible.

[mpm203k01]

What State/County

was this in?

[catleg]

I don't understand how a case can get on the court calendar without service.
Because without service there cannot be a time limit set for an answer.
Guess they have different strokes in your neck of the woods.
I am actually a little bit amazed that it apparently got rescheduled, being totally prepared for a story about sewer service.

[hooferator]

Thanks for the update! I was wondering how that would work.

I've been Googling serving processes, and it baffles me. Sometimes they can get away with sticking it to the door of your last known address, even if it's a nuisance suit you couldn't possibly see coming in order to keep them updated with your contact info. Um, I've done my fair share of saying I tried to do something when I actually couldn't be bothered, like phone calls or visits. Any server can say they did that without even GOING to the house.