Does anyone know if collection agencies are more likely to try and get a judgement right before the s.o.l. is about to expire? Recently,at my former residence my former roomates informed me that someone from the "sheriff's" department was looking for me and had a warrant for my arrest.I checked with the local sheriff knowing I did not do anything.They said no such warrant.He would not leave his name or any info at all,so he obviously was lying. Could this be someone trying to serve papers to me before s.o.l. runs out?Are'nt they supposed to mail it to your legal address if they cannot locate you?Nothing has been mailed to me,Im thinking it must have been some type of collection effort.Is this a common tactic to impersonate a police officer?Any thoughts greatly appreciated.
RE: s.o.l. about to expire,tro Elaborate more.....what the collection for? Who is the original creditor? What's the amount? Dates, Etc.... The Sheriff would not go to a residence looking for someone who might be there and then tell the occupants that the person has a warrant! They would go there and if you weren't there, they *might* leave their card. As a matter of fact, they probably wouldn't go to the door unless they knew you were there for sure. They would wait to somehow spot you first. That's it. So that theory is out. And if the Sheriff comes to your house to *arrest* you, then you know it's over way more than some b.s. collection account! Also, it is against the law to impersonate a police officer so I don't think any agency would be that stupid (I hope?).
RE: s.o.l. about to expire,tro Non-sherriffs can leave summons to court for appearance for a judgement..
RE: s.o.l. about to expire,tro This is most likely a process server and maybe your exroomates misapprehended a "service" for an "arrest warrant" If they can't find you they can't hurt you and a service mailed is not sufficient. Any judgement these slimbags may get could easily be vacated if they use the "sewer service" tactic. I have heard of creditors and collectors suggest a criminal prosecution for theft by contract but these weasles have no idea what that is. Being unable to pay a debt is NOT a crime and it sounds like the SOL will soon be your friend. Don't worry about it. Venceremos C.R.
RE: s.o.l. about to expire,tro I had the same thing happen to me, it was a summons to appear in court for small claims. A bank I dealt with was sueing me for payment. I had by then moved out of state and left no fowarding address. I later found out they sued and won without me being there. I called the courthouse and found out they did everything by the law-even though i had not been physically served a summons.
RE: s.o.l. about to expire,tro trust me judgements from non-government officials are totally worthless. i've had about 5 or 6 total, think they ever have or will collect the money? Not on their terms, not a dime.
RE: s.o.l. about to expire,tro Thanks for all the input.What I was thinking is that the guy might have been with the "sheriffs" department and was doing some collections on the side,using his badge to scare people. The debts I had are very old from credit cards I had with a girlfreind more than 5 years ago.
RE: s.o.l. about to expire,tro County Marshalls can be process servers in many jurisdictions including California. Looks scary when they look official but they carry NO additional weight. If a party gets a judgement against you but never served you you can get the judgement vacated (dismissed, reversed, negated as if it never existed) A letter to the court would be sufficient (see a clerk for intructions or a paralegal) if you are acting pro se. Good luck, C R sam wrote: ------------------------------- trust me judgements from non-government officials are totally worthless. i've had about 5 or 6 total, think they ever have or will collect the money? Not on their terms, not a dime.
RE: s.o.l. about to expire,tro Not completely true. If a defendant cannot be physically located, the may consider it as having been served if they publish it in a local legal newspaper for a prescribed period of time. Some jurisdictions have a sheriffs dep't. civil division which actually does nothing but serve legal docs. Should a judgement be taken against you, it could be recovered by garnishing your wages if they know where you work and it is allowed in that state.
RE: s.o.l. about to expire,tro I called the court house and they told me that the secratary of the commonwealth sent me a notice and even thogh i didnt recive it all was done legally
RE: s.o.l. about to expire,tro It isn't over for you yet. The judgment was obtained through Sec of Comm huh? One of my favorite ways. Are you willing to quit your job to avoid garnishment? You'd better be, because that is what your heading for. Your employment is listed on your CBR. Call the creditor and ask for a settlement. I am typically very flexible IF the account hasn't charged off. The judgment can also be renewed every 10 years if the creditor is so inclined. If you own property you may have liens and levies that you are not even aware of. That's a nightmare if you try to sell or refinance. NOTE TO EVERYONE: You cannot run or hide from your responsibility. You keep trying, and that's just job security for me! I have a garnishment on a person right now who never made a payment on a $3500 card opened in '89. Quit trying to play games. Just pay it and move on.
