Hi, I am wondering how easily a creditor can have me served if they have my wrong apartment number on the letter they (the attorney they sent the collection to) sent me. Will it just be something that will take a few extra days to find me or will it be somethign that would take awhile? I'm wondering because I am filing Ch 13 and would like to wait until after I file my tax return so I can keep it... any help would be appreciated.
If your correct address is on your CR, reported by other creditors, the attorney could find it easily from your CR, which if he is collecting on a debt, he would have a right to pull. Does it even matter? Is any collection action likely to be able to actually collect before you file and include that debt in CH 13? Does it make any difference if your tax refund is part of your assets when you file, or received after you file? What may be more important is whether any liability associated with that summons is something you would want discharged in BK. That is a question for your BK attorney.
Thanks for your reply, I guess i'm just trying to figure out what the process is from others experiences etc. If they do finally find my address, since i am rarely home, what can they do to serve?
In many States, you can be served by regular first class mail. I know that this can be done by an attorney and is sometimes done through the County Sheriff's Office for a small filing fee. You will simply open a letter and recieve a summons. An aquantince of mine was involved in an auto accident where there was a death and he was served this way for a wongfull death suit (1.5 Mil) - regular envelope from Sheriff with 37 cent stamp. Check your State laws.
