Went to the P.O. Box yesterday and had a little slip that said "certified letter, restricted delivery" So I DID NOT pick up the letter, left the notice there and took the zip home to check out who it was from. I am certain that is is a small claims suit from out of state. A lawyer I believe. A family member and I sold a jointly owned piece of property in 1998 and I thought this person paid the lawyers fee. I guess not. I don't want the hassle of suit ect so I will send the money this Wed. and deal with my relations on my terms. My question is If I send the money and don't pick up the notice of suit what happens? I have enough time for the money to arrive at the lawyers office before my 2 notices to pick up the letter exaust themselves. What is the best way to handle this? I don't want to deal with the suit if I dont pick it up i am in trouble anyway, correct.? Should I pick it up after I am certain that I my payment has arrived anmd try to turn the tables on them?
I would send a letter stating that endorsement of the check constitues payment in full.... with same statement on the check itself somewhere...?? Put in more legal terms, of course, and notarized and made as legal as you can possibly manage.... I'm no lawyer but maybe someone else has more to add.... gargoyle girl
I think you should just call the lawyer and pay them. If you don't respond to the lawsuit, they'll win by default. I don't understand about trying to turn the tabless. Since the debt arose out of a commerical transaction, I don't believe you have any FDCPA protection.
The post office (at least here) will let you look at the letter first, to decide if you want to sign for it.
If it is a notice of suit sent to a correct mailing address,and you do not pick it up, and it is returned refused, it has been legally served anyway so you may as well pick it up.
Why do you think that not picking up the letter is the right thing to do?? Jeepers, I hear people here say that, and I cringe. If they are notifying you of legal action, and this is your correct mailing address, not picking up the letter does not mean a thing. It has been delivered to your last known address. I don't get it? Why does everyone say that, like they are being so smart and cagey. It is a dumb way to handle it. Take the bull by the horns.
That may be so in some states, but I can tell you in Arizona, if it isn't signed for and picked up, it must then be served by a process server or the sheriff. Or as an alternative, may be served by publishing in the legal newspaper.
I am not interested in the "right" thing at this point. I just want to pay them, get rid of them and avoid a suit if possible. I don't want to have to travel from Alaska to the midwest to defend a suit that I have already paid on.
I do not mean right as in moral, I mean right as in a good way to respond to this, so as to defend yourself if your are being notified of a suit. In most states, you are considered to have been notified if it was sent to your last known address. I am not one of the the moralizers. I try to help people deal with the situation, and in most states this amounts to ignore something that just can't be ignored. In most states, the legal procedings will just go on without you and you will have a judgment filed against you by default.
In most states, the legal procedings will just go on without you and you will have a judgment filed against you by default. ============== Judgment for what.He's paying it.!! LB 59
In PA if the person does not sign for it then they are not properly served by way of the court. I ran into this same problem where the person refused and would not accept. The post office did return the letter back to the court marked "Refused". They then had to be served in person by the constable. The later part of serving in person is very costly at first so make sure you have a case and can get your money from the person you are suing if you have to go that route! As for the notice at the post office...."Do the right thing and sign for it and read it", Take care of your problems, which from what you described in your last post is what your planning anyway. Good Luck! Tac
In VA the opposite is true - they have to try to serve you in person, if you aren't there they can leave it with someone, or fasten it to the door. They can also serve you here, by sending it registered mail, and if you don't accept it, it is considered served.
What gets me most about the whole thing is he has CHODed me! My 20 day sto answer would be just about Christmas time depending on when I pick it up!
I need to figure what states laws apply. We hired him to handle a transaction in Michigan so he can sue me in that states courts, correct? Even though I live here in Alaska?
Hermit- I'm confused...You ARE going to pay it? but you don't want to accept the letter? Has this lawyer sent you any other notices? Like "Hey pay up or off to court we go", that's what this letter may be. Just get the letter, call up and say "Hey I thought the other people paid it, guess not sending out a check on 11/31/02" Who knows it could be a letter from long lost late Uncle Harold's attorney saying he left you the farm
Nope, Uncle Harolds estate went to his wife. Its froma small county in Michigan and thats the only contact I can think of at that zip code. Illl pick it up friday or monday and call and pay. I just dont want to get served. Why else would they have restricted delivery?
