What happens if you doge a summons?

[BrokeIn2011]

I live in Los Angleles, California. Last year, I had to close my business, and I am not entitled to any unemployment insurance. So needless to say, eventually the time came where I could not keep up with my bills. Since I have been contacted by many creditors and collection agencies for an approximate credit card debt of $100K (divided between 10 - 12 credit cards) for a least a full year now, I know that it will be a matter of time before things will start to get worse for me. Case in point, just last week, I received my first summons. The summons was in regards to about a $14K debt that I owe on one credit card.

Considering how I was served, I have a few questions.

1. Is a Process Server (P.S.) allowed to lie to give you a summons? Because the P.S. said that he had some paperwork regarding some auto parts that were ordered by me (the P.S called me by name). Then when I told him “I” did not order any auto parts (I guess that was his was of verifying that I was the person on the summons). Then he fumbled through his paperwork and said that he needed me to have this paperwork. I told him to put it in my mailbox (since I was only talking to him through my closed security door, where he could not see me). When he said that he could not do that, that is when I knew that it was a process server. Then he said that he would leave the paperwork on my doorstep (which he did), then he left.

2. Seeing how I was just served last week, I am sure that since I just came out of foreclosure (with my family’s help), that it will be just a matter of time that the other creditors see that I am out of foreclosure, and this will open a door for more summons to come . . . now that they feel that I have money. Yet since my foreclosure was a public record, I guess up until now (if they kept an eye on my house and saw the foreclosure), I had no assets to come after. Yet now I am wondering that if I from now on say to anyone that comes to my door that the person they are looking for does not live here anymore AND then close the door on the P.S., what will happen next? Will the plaintiff start trying to locate me to server me via contacting my neighbors or relatives (or anyone else that I listed on my credit application)?

3. Can a P.S. leave a summons with any of my family or relatives?

4. Since my brother and I share a house, can a P.S. come to our house, then tell my brother to give me the summons the next time that he sees me?

5. What will happen if I do not answer the summons, since I have 30 calendar days to respond to my summons via the court in my city?

6. Are their creative ways to avoid a P.S., especially since I live in a house and they know my home address? Yet if dodging a P.S./summons will not overall help slow down or temporarily stop the court proceedings, then I guess I will opt not to doge the P.S..

7. Since my family is helping me out to save my house, what if I put their names on my deed to avoid losing the house to the creditors, since my family are the ones that are financially saving the house. Whereas I have no problem going BK on my own, yet I just want to try to save the house.

Any help or suggestions will be greatly appreciated. Thank you.

[AngelinaCat]

Yes, a process server is allowed to lie in order to serve you. A favorite tactic is to dress up like a pizza delivery person. You don't have to have ordered a pizza; they can just show up and claim they made a mistake in the in the address to deliver said pizza, and then hit you with the summons.

Check your local rules of court in your district. Some places will allow service to anyone living in the household that is over a certain age. Other districts will allow service ONLY to the designated person. Federal court requires service to the person. Some districts will allow the service to stand if the PS throws the summons at your feet--assuming you decline to take it.

In Florida, PS are not allowed to serve you on Sundays. I supposed that is because nabbing you on your way into or out of church is considered 'poor sport'.

You can choose to dodge, but eventually they will catch up with you.

Good luck.

[treehugger1]

I live in Los Angleles, California. Last year, I had to close my business, and I am not entitled to any unemployment insurance. So needless to say, eventually the time came where I could not keep up with my bills. Since I have been contacted by many creditors and collection agencies for an approximate credit card debt of $100K (divided between 10 - 12 credit cards) for a least a full year now, I know that it will be a matter of time before things will start to get worse for me. Case in point, just last week, I received my first summons. The summons was in regards to about a $14K debt that I owe on one credit card.

Considering how I was served, I have a few questions.

1. Is a Process Server (P.S.) allowed to lie to give you a summons? Because the P.S. said that he had some paperwork regarding some auto parts that were ordered by me (the P.S called me by name). Then when I told him “I” did not order any auto parts (I guess that was his was of verifying that I was the person on the summons). Then he fumbled through his paperwork and said that he needed me to have this paperwork. I told him to put it in my mailbox (since I was only talking to him through my closed security door, where he could not see me). When he said that he could not do that, that is when I knew that it was a process server. Then he said that he would leave the paperwork on my doorstep (which he did), then he left.

Sounds as if he made "contact" with you. How he did it might be your word against his. I would not count on any sympathy from a judge.

2. Seeing how I was just served last week, I am sure that since I just came out of foreclosure (with my family’s help), that it will be just a matter of time that the other creditors see that I am out of foreclosure, and this will open a door for more summons to come . . . now that they feel that I have money. Yet since my foreclosure was a public record, I guess up until now (if they kept an eye on my house and saw the foreclosure), I had no assets to come after. Yet now I am wondering that if I from now on say to anyone that comes to my door that the person they are looking for does not live here anymore AND then close the door on the P.S., what will happen next? Will the plaintiff start trying to locate me to server me via contacting my neighbors or relatives (or anyone else that I listed on my credit application)?

What do you mean that you just came out of foreclosure? If a PS comes to your door and you lie, then you might want to look at your state laws regarding perjury. I also think the California rules of civil procedure allow for other methods of service, so not answering your door may not be good enough.

3. Can a P.S. leave a summons with any of my family or relatives?

In my state, Oregon, the summons can be left with ANY party at the residence who is 14 years or older. California might have a similar law.

4. Since my brother and I share a house, can a P.S. come to our house, then tell my brother to give me the summons the next time that he sees me?

See comment above.

5. What will happen if I do not answer the summons, since I have 30 calendar days to respond to my summons via the court in my city?

The plaintiff will get a default judgment, and in your case, since you might have equity in a home, they might begin to make your life miserable.

6. Are their creative ways to avoid a P.S., especially since I live in a house and they know my home address? Yet if dodging a P.S./summons will not overall help slow down or temporarily stop the court proceedings, then I guess I will opt not to doge the P.S..

Why do you want to avoid this? It is actually illegal in many states to "avoid" service. Be careful.

7. Since my family is helping me out to save my house, what if I put their names on my deed to avoid losing the house to the creditors, since my family are the ones that are financially saving the house. Whereas I have no problem going BK on my own, yet I just want to try to save the house.

I can only say that one should be careful when they attempt to "avoid" legal remedies. Hopefully your family members understand any risk they took on your behalf.

Any help or suggestions will be greatly appreciated. Thank you.

I'm not offering legal advice, but I am trying to offer some logic and common sense. You should study the California civil codes and rules of procedure. This is not really a forum dedicated to "avoidance." This is a forum dedicated to what you might do when you can't pay the bills. Bankruptcy might be a very sound financial decision in your case. Plan for the worst and live with the understanding that if you don't file for BK, then you must be prepared for any and/or all types of collection activity, including suits. Best to you.

[DesdemonaB]

I live in Los Angleles, California. Last year, I had to close my business, and I am not entitled to any unemployment insurance. So needless to say, eventually the time came where I could not keep up with my bills. Since I have been contacted by many creditors and collection agencies for an approximate credit card debt of $100K (divided between 10 - 12 credit cards) for a least a full year now, I know that it will be a matter of time before things will start to get worse for me. Case in point, just last week, I received my first summons. The summons was in regards to about a $14K debt that I owe on one credit card.

Considering how I was served, I have a few questions.

1. Is a Process Server (P.S.) allowed to lie to give you a summons?

Unless you live in a gated community yes, see below
415.21. (a) Notwithstanding any other provision of law, any person shall be granted access to a gated community for a reasonable period of time for the purpose of performing lawful service of process, upon identifying to the guard the person or persons to be served, and upon displaying a current driver's license or other identification, and one of the following:
(1) A badge or other confirmation that the individual is acting in his or her capacity as a representative of a county sheriff or marshal.
(2) Evidence of current registration as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code.
(b) This section shall only apply to a gated community which is staffed at the time service of process is attempted by a guard or other security personnel assigned to control access to the community.

Because the P.S. said that he had some paperwork regarding some auto parts that were ordered by me (the P.S called me by name). Then when I told him “I” did not order any auto parts (I guess that was his was of verifying that I was the person on the summons). Then he fumbled through his paperwork and said that he needed me to have this paperwork. I told him to put it in my mailbox (since I was only talking to him through my closed security door, where he could not see me).

415.20.(b) If a copy of the summons and of the complaint cannot with reasonable diligence be personally delivered to the person to be served as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and of the complaint at such person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
When he said that he could not do that, that is when I knew that it was a process server. Then he said that he would leave the paperwork on my doorstep (which he did), then he left.

2. Seeing how I was just served last week, I am sure that since I just came out of foreclosure (with my family’s help), that it will be just a matter of time that the other creditors see that I am out of foreclosure, and this will open a door for more summons to come . . . now that they feel that I have money. Yet since my foreclosure was a public record, I guess up until now (if they kept an eye on my house and saw the foreclosure), I had no assets to come after. Yet now I am wondering that if I from now on say to anyone that comes to my door that the person they are looking for does not live here anymore AND then close the door on the P.S., what will happen next? Will the plaintiff start trying to locate me to server me via contacting my neighbors or relatives (or anyone else that I listed on my credit application)?

3. Can a P.S. leave a summons with any of my family or relatives? Yes if they answer your door see 415.20.(b)

4. Since my brother and I share a house, can a P.S. come to our house, then tell my brother to give me the summons the next time that he sees me? Yes see 415.20.(b)

5. What will happen if I do not answer the summons, since I have 30 calendar days to respond to my summons via the court in my city? Let’s just think about this a minute – a default judgment will be entered and in the state of CA they have up to 10 years to collect with an 10 year renewable period in which they can charge 10% interest.

6. Are their creative ways to avoid a P.S., especially since I live in a house and they know my home address? Yet if dodging a P.S./summons will not overall help slow down or temporarily stop the court proceedings, then I guess I will opt not to doge the P.S..

Do you really want to live your life this way?

7. Since my family is helping me out to save my house, what if I put their names on my deed to avoid losing the house to the creditors, since my family are the ones that are financially saving the house. Whereas I have no problem going BK on my own, yet I just want to try to save the house.

Any help or suggestions will be greatly appreciated. Thank you.

Not sure about number 2 and number 7 will not fly in BK court unless you have 2 or 3 years before you can file.

All of this can be found under California Code of Civil Procedure CODE OF CIVIL PROCEDURE SECTION 413.10-413.40

[AngelinaCatHub]

Cool Desdemondb:

As a thumbprint rule; purposely evading a summons is illegal, but, you do not have to aid them in anyway. Example, you expect to be served, if the doorbell rings, you can ignore it. If you look out the window, and see a bailiff, and not answer, that is illegal.

You need not help them but to evade can get you a bench warrant.

For Civil suits, they can hand you a summons, leave it with anyone living in your house above age 18, and give it to your wife, daughter, son, or your workplace.

For Federal service, ONLY to you. No one else and they have to give it to you personally, or, in your pocket. No one else can receive it. 'Hub

[BrokeIn2011]

Thank you AngelinaCat, Treehugger1, and DesdemonaB.

This is all very good information to know, since this is my very first summons. For sure, it is a learning experience. Most of all, I thank all of your for taking the time to provide some very good detailed information, feedback, and advice. It is greatly appreciated.

Thanks a MILLION your three!