I have only 2 years left till nearly 60K of unpaid credit card bills reach SOL. Nobody has tried to take me to court to collect on any of this as yet. I'm sure they are just waiting. My question is this. If they can't find me, can they sue me? I'm covering my tracks and I'm sure they won't be able to find me to serve papers. Can they serve papers at my last known address even thou I haven't lived there is 2 years? The last thing I want to do is look at my TRW one day and see I lost default judgements because papers were mailed or left at my past address. Is this legal? I was told that if a collection agency can't find me all they are entitled to do is leave papers at the last known address they have on file for me. Is that true?
Depends on where you lived. In some states, a summons can be mailed and others require the sheriff to show up at the door to personally serve the individual named. You need to research the details of the court in your previous state of residence. As time progresses, interest in accounts does diminish because collection is most profitable in the earliest stages of delinquency. If you're unsure about your status, go to the local library and ask a research librarian to help you discover the facts regarding your situation. Just tell them you're interested in researching some details regarding .....state. They'll help you find the details that constitute residency in your new city and state and even judgments in your new state. Go to the library, get the facts.
What you need to be worried about is junk debt buyers. They often buy debts close to SOL and tend to get aggressive. I've heard of JDBs buying debts just to file suit and hope for default judgment. Some states allow for service by publication, which means that if they can't find you, they can simply publish the summons in the paper. Check your state laws. I wouldn't be so worried about hiding as I would be about educating yourself.
Either the OC or JDB can sue you, irregardless of whether they can find you. In most jurisdictions service can be performed on an untraceable party. It can be as simple as showing the court that they attempted service and that service was returned. Some jurisictions will allow them to then serve you simply by posting a PUBLIC NOTICE in the local newspaper of your last known address. Do you want to see a notice in your local paper that XYZ Corp is suing you for $60,000.00+?
