Does being served mean I have a judgment against me?

[onthebrink]

I have a very basic and possibly dumb question. Do I need to be served before a judgment can be filed against me or does getting served mean a judgment has been filed against me?

I am confused as to the lawsuit process. This is my understanding:

1) CC files complaint
2) CC serves complaint
3) I have X number of days to file a response
4) Assuming case goes to court and judge rules claim is valid, judgment is THEN filed against me.

I was told earlier that a lawsuit would not show up on my credit report but that a judgment would, so I am hoping that if I can settle with CC company without having to go to court that I avoid the possibility of a judgment appearing on my credit report for the next 7 years.

Thank you for helping me clarify this. I am so grateful for this forum.

[flyinbroke]

Legally you need to be served. However, you have to look at state laws to see whether service through the mail and other means are legal too. Collectors, by and large, are scumbags; they will send it to the wrong address, to an address at which you have not lived in years, or "lose it in the mail" just to get a default judgment. So yes, you can get a judgment and not know about it.

Now judging by your post, you have been served. So yes, this means you are being sued. They cannot get a judgment until you go to court, and it is a sure thing if you ignore the complaint. DO NOT blow this off.

[onthebrink]

Legally you need to be served. However, you have to look at state laws to see whether service through the mail and other means are legal too. Collectors, by and large, are scumbags; they will send it to the wrong address, to an address at which you have not lived in years, or "lose it in the mail" just to get a default judgment. So yes, you can get a judgment and not know about it.

Now judging by your post, you have been served. So yes, this means you are being sued. They cannot get a judgment until you go to court, and it is a sure thing if you ignore the complaint. DO NOT blow this off.

Thanks flyinbroke. Actually, I have not been served yet. I just found out yesterday that they filed a complaint on June 4 but as of today I have not been served. How long does it normally take between the time a complaint is filed and one gets served?

Thank you

[flyinbroke]

I don't know, I have not been sued yet.

However, regardless of whether you are, show up in court anyways! When is your court date? Not being served can work in your favor if you show up...I have read posters on other boards who saw looks of shock from the plaintiffs when they showed up (and the judges saw them too.)

[frogger]

How long does it normally take between the time a complaint is filed and one gets served?

Thank you

Depends on how behind the process servers are, and how motivated they are to do their job.

Could take a couple of weeks, could only take a couple of days.

Where's that magic 8-ball when you need it?

[BrokeIn2010]

I don't know, I have not been sued yet.

However, regardless of whether you are, show up in court anyways! When is your court date? Not being served can work in your favor if you show up...I have read posters on other boards who saw looks of shock from the plaintiffs when they showed up (and the judges saw them too.)

Sort of what happened with my mom last month.

CC#1 sued her, she went to the family's "go to" Attorney. He showed up on mom's place, challenged the summons, challenged the debt, and demanded that the original attorney (in AK) who claimed to have a statement in writing from mom show up and testify. CC#1 only sent a paralegal who had no paperwork on the account, had no information other than a billing statement, was totally unprepared,and more of less "I don't know, I need to call the office" his way through the trial. Judge removed the case from the docket, told the CC#1 to go back to square one and do it right. CC#1 paralegal actually told mom's attorney that people rarely show up and never send an attorney; and that they were expecting a default judgment.

[flyinbroke]

I read that 90 percent of the time, they get default judgments because people don't show up. That is insane to me. Show up, and your chances go up to 50-50....likely higher because they don't expect anyone to show up.

[frogger]

I read that 90 percent of the time, they get default judgments because people don't show up. That is insane to me. Show up, and your chances go up to 50-50....likely higher because they don't expect anyone to show up.

90+ % of the time, people don't show up. They don't expect anyone to show and are normally not prepared with supporting documentation, therefore you've got a good chance of getting it dismissed by showing up.

If you don't show, you loose. Period.

[BrokeIn2010]

I read that 90 percent of the time, they get default judgments because people don't show up. That is insane to me. Show up, and your chances go up to 50-50....likely higher because they don't expect anyone to show up.

Here's my thinking: I'm probably going to end up in court. Right now, I have an appointment with our attorney to work out the payment arrangements for the BK. If we can't get into BK before I'm sued-- ie money issue, I'm showing up attorney or not.

And when I do: I'm going in with a stack of doctor bills, a stack of medical insurance bills, and pay stubs showing where out money has been cut in half and I'll make sure to be leaning heavy on my cane. The worse they can get in the bank-account and I can take care of that. And if they come after my wife's check, the BK will take care of that. But I'll be damned if I'm going to just let them walk in and scr3w me up the backside cause they thought I'm too afraid of a judge. If they want it, they can damn well work for it.

Like I told one of them them: All you can get is my pride, pride's free. I did my best sometimes shit happens.

I didn't plan to get MS, I didn't plan to have a son born a month-and-a-half early, I didn't plan to fail my insurance psychical and have our insurance go up to nearly 1000 a month. Shit, just happens.

[flyinbroke]

Nobody planned for the disaster that is our economy today. Not even those who perpetuated it.

[ryan]

Here is another take on this "Showing Up", business.

I found out I was sued by CC recently...was in court for another matter and checked electronic records. However as weeks went by was never served. Almost 40 days after suit was filed, still nothing.

So, I went back to court, to clerks office and asked to see the suit and any evidence or attempted service. Turns out they attempted twice and process server filed affidavit of "Non Service"..

On the advice of an atty/friend, I elected NOT to go on date off hearing. Was told by that atty that showing up, I would likely be served at that moment by plaintiff lawyer in front of judge and would be considered effective service in my state.

Instead, since there was no service, case ended up being moved back 6 months. One less thing to worry about, for now.

[tay666]

I read that 90 percent of the time, they get default judgments because people don't show up. That is insane to me. Show up, and your chances go up to 50-50....likely higher because they don't expect anyone to show up.

Well, my take on this.
I haven't shown up for any of them.
Why would I?
Yeah, I could fight, and delay things, but when it comes down to it, I do owe them the money. And every service I have received has had proof of that.
So, why would I loose a day's pay to go sit in a courtroom, as well as the gas to drive an hour there, and an hour back?
Yeah, they've gotten judgements, but they haven't done anything with them.
And 2 of them lost their judgements because they didn't bother to file the proper paperwork afterwards to claim them.

I only make $10 an hour, I can't afford to miss a day of work.
Especially for something that is pretty much inevitable. Up until 3 months ago, when we finally had the cash for a lawyer, we had no idea when we would be able to file.

[BrokeIn2010]

Way I see it: I owe the money yes; I worked out payment agreements (in writing) for the lower payment rates; the payments were made on time; they're the ones that decided, after they agreed to the deal, to get pissy and start hollering court action cause 2 months later they realized that what they were getting wasn't gong to pay it off in 12 months. So rather than work with me to rework the deal-- which I've offered to do, they ran right to legal collections.

Haul me into court, and I'll take my chances cause I've got it all in writing. I'm not a proud man, but I don't beg and I don't spook. I'll stand before the judge with my shoulders squared, explain the situation, the deals as I understood them, and show my paperwork and my assets and leave in the judge's hands.

I don't want to file BK a second time. It's not fun, it's not pleasant, and the stress is eating a hole in my gut, but I've been pushed to it by THEM running a crooked game and crying "foul" when they agreed to a deal that 2 month later they don't like.

[flyinbroke]

Tay, you may owe the money, but can they prove you owe the money? I have had two of five OCs admit they do not have an application that I signed/e-signed/agreed to. This is already a fly in the ointment. Two more have been banks that bought out other banks. My guess is they do not have all the paperwork to prove I owe that much, either.

Morally, I suppose I owe them. But this is business, not personal. And I have already paid back what I borrowed and then some, and they only got marginally smaller over the years. And I am mad as hell and not taking it anymore.

I have to do what is right for me, and all of you have to do the same, whatever that may be.

[tay666]

Tay, you may owe the money, but can they prove you owe the money? I have had two of five OCs admit they do not have an application that I signed/e-signed/agreed to. This is already a fly in the ointment. Two more have been banks that bought out other banks. My guess is they do not have all the paperwork to prove I owe that much, either.

See, that's just it.
The first 2 did. One was an auto loan, and they had the signed copy of the loan application right in with the rest of the papers sent from the court.
The other was a credit card with the signed copy of my application for the CC. Again, included with the court papers I recieved upon service.

Yeah, I could have put them off.
I could have shown up and questioned everything.
Bought myself some time. But to what end?
My end game was filing BK. But I had no idea when that was going to happen.
My first service I think was back in late 08.
It is possible I could have fended all of them off, but it would have cost me my job. I get 5 vacation day, then after that I can miss 3 other days in a year, then you are fired. There is no such thing as an excussed absence where I work, unless you can get Family Medical Leave.
So, in my case. It wasn't worth the fight.