Is it normal for a defendent to get a summons/complaint 30 days pass the filing date? Is it normal for it to state on the summons/complaint "This is an attempt by a bill collector to collect on a debt any information you provide will be used for that purpose"? Summons was filed dec6th 2007,copy was received by regular mail on jan9th 2008 which was passed the 30 days allowed time a defendent has to respond. This summons/complaint bears the plaintiffs signature only which is dated oct 1st 2007and has no official court seal is this normal? Cover letter sent by plaintiffs attorney states the law requires we serve a duplicate of the summons/complaint previously served to you as additional notice.I never received a previous notice. There is no court address or phone number given only the plaintiffs attorney. How is the least educated consumer able to send the court an answer to the summons/complaint?
30 days pass the filing date? No that does seem pretty far past a filling date. What was the mailing date on the envelope? Yes, some agencies have moved to put in the mini miranda on the court documents, CYA type of thing I believe. Were you ever served by the sheriffs dept/marshal/process server? In the suits I have filed, which obviously will vary by process serving laws in each state, but the original suit must be done through those means above. Either you are personally served, or tack and mail, where they tack a copy of the suit to your front door and mail a regular copy, and the person who did it has to sign off saying it's true and accurate.
First, it's not normal but, a Plaintiff usually has 120 days to serve a Complaint after it's filed. The FDCPA notification is normal. The time for response runs from the date you received it. That is going to be hard to discern since it was sent 1st Class mail. That doesn't appear to even be proper service unless your jurisdiction has some strange rules. I would call the clerk of the court in the case style and see if a civil action has actually been instituted against you.
I have never read anywhere where a summons/complaint is served by sending a copy of a summons /complaint by regular mail.The post mark on the envelope is jan7th 2008.Forster and garbus are the lowest of low collection attorney's.Even the account number on the summons is incorrect.
You should contact the court Monday and find out how you were served according to them. Was the mailing sent certified? If not, they have no proof that you even got the documents. In my suits, the court has always advised and wrote on the forms that it must be sent certified mail return receipt, and the green card must be submitted to the court for them to do anything. The initial complaint I don't think can be served via regular mail. It must be done using a process server of some type. When I filed the suits, I have to pay an additional $25, example, for service, it's not an option, it was required that the court serve them.
None the less, you have proof that you didn't receive the complaint with enough time to respond within the 30 days.
The mailing was not cmrrr.The cover letter sent with the summons says the law requires that they send a duplicate copy of the previously sent summons as a additional notice.They never served or sent me a previous summons they are lying.I did call the court friday and they said the case was filed on dec6th 2007 the postmark on the letter i received is jan9th 2008.The date on the inside cover letter is jan 4th 2008.The date of the summons is oct1st 2007.Strange
They have 120 days to serve it. I don't think first class mail is proper service (it isn't anywhere that I know of) but, check your rules.
Another thing, the clerk didn't send this right? It may be shortly forthcoming or it got lost in the mail. It is normal for opposing counsel to send all documents/pleadings 1st Class Mail but, the clerk sends the Summons.
I received the copy of the summons from the plaintiffs attorney forster & garbus.Never received anything from the county clerk.Should the defaulted capital one account number be on the summons?The account number/reference number is not my actual capital one account number.
