I was just wondering if you can be sued without getting served or if they have to physically serve you first. I have a bad situation...a couple of charged off cards, the attorney for the Gulfstate was able to validate one but not the other...SOL expires in 2 months on one of them and less than 6 months on the other. I'm pretty sure that the attorney will sue but do they have to physically serve me first? Just wondering? Thanks for any input! whattodo?
for starters, why would you attempt to validate a debt that expires in 2 months? In order to have you "served", it can be done by serving you personally. If they can't find you, or you are avoiding them, they can petition the court for an order for alternative service, which means they post the summons on the door of your residence. That, if ok'd by the court is legal service. If that doesn't work, they can always publish it in the local legal newspaper. They must do that for xx amount of weeks and then it is considered served.
Thanks so much for your response...I'm just an idiot....I don't know why I tried to validate...it seemed like the right thing to do....I know they are going to serve me probably any day now...I moved here from a state where the SOL was only 3 years (so it technically expired there, then they found me here), in this state it is 5 yrs and now I am getting ready to move back to a state where it is 3 years....does this make any difference? In fact, I have a driver's license from the new state and everything, if they post the thing on my door and I "technically" have moved will it still work (the account that was validated was the one that the SOL expires in May)......I wanted to pay this thing off a few months ago but couldn't reach agreeable terms where they wouldn't mess up my credit for another 7 years so I am kind of backed into a corner in hiding from them...if feel like such a bad person! I just don't want a judgement from them on my CR! I am soooo close to having it fall off! In fact, did I make a mistake by not addressing the problem when I lived in a state with a SOL of 3 years....or could have they dug this back up when they found me in a state w/ a SOL of 5 years? Sorry to be so long winded....am I just pretty much out of luck or is there something I can do? Thanks!
I have no idea how moving from state to stae will affect the SOL. But, keep this in mind. You have to assert the SOL defense in court before a judge for it to be valid. If you move, and they can't find you, they can still sue as LKH advised. AT that point, SOL or not, they win by default if you don't appear to contest. You are in tough situation. Not sure how to advise.
Do you think if I have established residency in the state where the SOL is 3 years that this could be a defense? Since I technically wouldn't be a resident of the state where the SOL is 5 years? Thanks, oh what to do!????
If you owe it and can afford to pay it, do that. It's a lot less stressful than running for cover all over the map.
