Fake Summons???

[BillyRip]

The firm that bought my debt from BOA or who is representing BOA served my BROTHER papers for me. I was not home and he told the woman who he was, showed her his ID. she told he that she didn't believe him when he said he didn't live at my address, which he does not. His ID has his address on it but she didn't care. she said "you'll have to prove it to the attorneys" and threw the papers on the floor inside my door and left.

This "summons" doesn't have any notary stamp, no court case, no court room or division. Nor is there a date that I am to appear. It just says I have 20 days to respond, and the response sheet has two options... Make payments or Discuss the account. Then a number to fax the document to.

WTF is that all about? Am I now considered served?

[lrprn]

Am I now considered served?

Look at the papers to find the court they were issued from. Call the court clerk and ask if the case was indeed filed and confirm the date and time of the hearing.

If the summons is real, then prepare to file bk as quickly as you can before the court date.

If the summons isn't real, then you're off the hook for now. I don't know if you have any recourse against the unprofessional process server for not verifying the identity of the person served and leaving the papers anyway.

[BillyRip]

Look at the papers to find the court they were issued from. Call the court clerk and ask if the case was indeed filed and confirm the date and time of the hearing.

If the summons is real, then prepare to file bk as quickly as you can before the court date.

If the summons isn't real, then you're off the hook for now. I don't know if you have any recourse against the unprofessional process server for not verifying the identity of the person served and leaving the papers anyway.

I'll fax them to my Atty in the AM, but I am betting it's a scare tactic for now.

They say I have 20 days to respond before they seek judgement so I'll file on 1/30 or 1/31.

[MNBK7guy]

This happened to me as well. My attorney told me the official name for the practice and it is only legal in certain states. What they do is serve you with a copy of the lawsuit they intend to file against you so it will not have any case number, court district info etc. They wait to see if you respond to the summons with an answer and if you don't they will file the case because it is a sure win then. I wish I could remember the name for the term he used. But yes, it is a legal summons and you may buy time by responding with an answer to it.

[AngelinaCat]

Our lawyer told us that in Federal Court, unless the person NAMED in the summons was actually handed the summons papers, then that person was NOT served. A stand-in, or spouse, or even someone else living next door could not legally recieve the summons.

Our Enemy was trying to subpeona 'Hub and I as witnesses for his case. A Federal case. Papers were served at my work-(long story there)-upon the windsheild of my car, and they threw papers summoning me at my husband's feet. Both attorneys agreed before the judge that I had been 'improperly served', so the service did not exist. (I happened to be out of the state at the time anyway, so POOH!)

Now, having said all that, in simple Civil matters, and the BK, we have been served via the US Mail, and that is legal. You really MUST get with your attorney and discuss this with him/her.

Good luck.

[dingdong]

Have you looked in your state's code of civil procedure to see what constitutes proper service for a civil summons? What state are you in?

[MNBK7guy]

Thanks BigBoy, that link and article had the term I was trying to remember, Pocket Service!

[BillyRip]

Depending on your state, being served legal documents with the requirement to respond within XX days is the START of a lawsuit. In many areas it does NOT have to be filed with the court prior to starting a lawsuit. You have now been served (put on notice) and you have XX days to respond to the plaintiffs request for an answer to the complaint. If you fail to respond they will seek a default judgment by asking for a summary judgment based on your lack of response.

Here it is in a nut shell as per Minnesota law explains it rather well: http://caveatemptorblog.com/2007/05/...t-garnishment/

Thanks Big! Good info! I'm sure that's they are trying to start with. I guess we shouldn't have even answered the door.

[ssdsco]

I've received 3 of these via regular mail….”you have 20 days to respond…” After a check with the county clerk’s office all were legally filed lawsuits however none were legally served so for now they're nothing more than scare tactics.

If you're going to play the judgment game you need to be able get your info from the county clerks office and understand what constitutes legal service of a judgment in your state.

[kornellred]

There is no point in going to court for nonpayment of unsecured debts - your position is basically indefensible. If you do not appear, the plaintiff will obtain a default judgment. They will obtain a judgment if you DO appear - so the matter is a wash, legally.

[BillyRip]

There is no point in going to court for nonpayment of unsecured debts - your position is basically indefensible. If you do not appear, the plaintiff will obtain a default judgment. They will obtain a judgment if you DO appear - so the matter is a wash, legally.

Agreed, but I'm not going to make it easy on them.

My Atty is going to contest that I was not properly served on day 19.

If that gets kicked, I file on day 20.

I've been waiting for someone to force my hand, so I guess this is it.