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Discussion in 'Credit Talk' started by djdavisla, Jan 31, 2009.
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Well. if you don't sign for it and pick it up, the PO will ultimately send it back to the original sender with the comment "Refused". that will give any credtor ammunition to run to court and get a default judgment against you.
I do not believe y our info is correct
others have told me they have to spend the money to get your served, anyone else know more about this ? thank you
Depends on the court and the jurisdiction.
For example, to serve you in small claims court, a certified letter is sufficient.
But, I agree with greg1045. Hiding your head in the sand is a good way to get kicked in the butt. If you are being served, you don't want to find out the hard way after they are awarded a summary judgment and they come after your bank account(s).
If you don't pjck it up you assumed it's from a collecter.Or like me it was a 500 dollar check from the state of Nevada.You need to pick up the mail.Better to know your getting sued than to have to plan at the last minute to go to court and try to defend yourself.
ok, thanks guys
ok, thanks , sometimes so overwhelmed, i finished 10 of 14 loan modifications, i was on a high, finishing two others, and between two lenders filing notices of default i just got so almost ready to throw in the towel, but i am recharged, i will start again tommorrow, have not had to pay an attorney yet, but seems like that time is getting close, i will see what i am being sent, thanks . have a good weekend
i hid my head in the sand and now i have people beating on my door and shining flashlights in my windows to serve a summons.
I'm scared to death and I have no idea what to do.
re: certified letter
If you do not accept it, it is the same as if you signed for it. Better to know what is in it then to not know. A friend of mine did this and got a judgement against him. Always sign for the certified letter and then respond. Be proactive, sticking your head in the sand, does what ?
Refused - Default Judgment in the overwhelming majority of jurisdictions.
They won't get a default judgment if you don't accept a certified letter, they'll get that if you ignore a summons and complaint.
If people are shining lights in your windows, I'd call the police. Regarding summons, you should accept it. Unless you know that the SOL is days away and have this all worked out, I would bet that hiding won't get you anything.
Would you like to bet on that? It is called [willful ignorance].
It makes no difference when you get served even if the SOL is up tomorrow. What counts is the day they filed the law suit, not the day you got served.
In fairness to Dumb Bob, you cut the second part of his sentence. He thinks that you'd have to ignore some legal service to get a default judgment against yourself. If the certified letter is legal service, of course that means you will end up with the default judgment against you if you ignore it. But some CA sending you some letter yelling at you to pay isn't that.
Actually, Dumb Bob thinks this is rather complicated and jurisdiction specific. Consider if you filed a lawsuit and then waited 50 years to serve it. Would that be timely?
I can see you know little about how things work. File a lawsuit and do nothing more with it and the court will call the docket sooner or later and dismiss the case for you. Most courts hold docket calls regularly and if nobody answers the call it is automatically dismissed.
You probably didn't mean it the way it sounds but you can't file a lawsuit against yourself so naturally you can't get a default judgment against yourself.
If you don't accept the letter you will never know what it is. Could be from the Department of Motor Vehicles suspending your driver's license because you accidentally let your insurance lapse. Could be from the IRS sending you a summons. Most of the time, letting a certified mail go back is just plain dumb. Collection agencies don't send their letters certified.
Or as with me it was a 500 check from the dmv.
very useful post thanks for share with me