Maybe it pays to be tough to serve

[keptdigging]

I got sued, by Amex, back in April after just 4 months of missed payments. However, I have no roommates and work "out of my home" (meaning a collection of Starbucks.) I only knew of the suit because I was experimenting with the court's website the day after they filed. (Talk about dumb luck.)

I've still not been served.

(I should add that I've monitored the suit on the web just to make sure I didn't receive sewer service!)

The upshot of it is that it looks like I'll be able to wait until this September to file... and have a full 12 months behind me since my last cash advance. And be a no-asset case.

No idea how much effort has been put into serving me. But, obviously, they could have served by publication and have not.

And I'm ready to file sooner if need be... my attorney doesn't think the 12 month mark is that big a deal, and I'd rather not let anything get to a judgment. So if papers show up in the mail tomorrow from a service-by-publication...

===

The irony is that all Amex got for its filing fee was me off my butt to retain counsel.

Not sure if there's a lesson here for anyone else... but thought I'd share.

[Fallonedward]

How do you experiment with the court's website. How would I know where to look to see if I have been sued? thanks

I got sued, by Amex, back in April after just 4 months of missed payments. However, I have no roommates and work "out of my home" (meaning a collection of Starbucks.) I only knew of the suit because I was experimenting with the court's website the day after they filed. (Talk about dumb luck.)

I've still not been served.

(I should add that I've monitored the suit on the web just to make sure I didn't receive sewer service!)

The upshot of it is that it looks like I'll be able to wait until this September to file... and have a full 12 months behind me since my last cash advance. And be a no-asset case.

No idea how much effort has been put into serving me. But, obviously, they could have served by publication and have not.

And I'm ready to file sooner if need be... my attorney doesn't think the 12 month mark is that big a deal, and I'd rather not let anything get to a judgment. So if papers show up in the mail tomorrow from a service-by-publication...

===

The irony is that all Amex got for its filing fee was me off my butt to retain counsel.

Not sure if there's a lesson here for anyone else... but thought I'd share.

[keptdigging]

My courts website is for the local court... so every jurisdiction is different. I found a link on the county's site. (And I'd rather not disclose what county I'm in.)

ANNNDDD...

Right after I posted this, I found a slip in my mailbox for a certified large envelope. So I think indeed papers are a waiting at the post office. So maybe an August filing not September. My kid, who lives 500 miles away, will be down here for the next 3 weeks and my one goal for his visit was to take a break from bk worry.

Looks like no chance of that now.

Well he's 9 and wicked smart and a trooper and fortunately this is all not a secret from him (Yes I know most parents would just not tell a child that young.) We even have a "code name" to avoid using the b-word in public: "Ice Age." At least there's one kid who won't get seduced into debt easily when he grows up. And because one has to be positive around their kids, he keeps me positive...

[ryan]

ANNNDDD...

Right after I posted this, I found a slip in my mailbox for a certified large envelope. So I think indeed papers are a waiting at the post office. So maybe an August filing not September.

Talk about timing!...I can relate to what you're saying about having a suit filed against me, and its 3 months with no service. When they do serve, the eventual hearing date will be quite awhile from now...and then a trial even further out. Which is good. :-)

[keptdigging]

Just to update the certified mail was not papers for a suit. It was Chase accelerating the note on a business line of credit. Complete with "DRAFT" papers for a lawsuit. But Chase's left hand doesn't know that the right hand has already filed suit on a personal CC (but no papers have been served.)