A collection company is to suing me for a expired SOL debt, sent me a notice saying that they were going to court to motion for a special process server. i called the courthouse and the motion was granted. that was 3 weeks ago!!! shouldnt i have rec. the summons by now. no one has came to my home nor my job. what should i do call the attorneys and ask "where's my summons" (just kidding) or what? can they not serve me on purpose just so they can get a default judgement?
There are many ways to 'get' a summons....depends on your state. I know that many will allow a notice in the paper (that you may never see).....some will let it be left on the door (and that may be your last residence, not your current, for all they know), some will allow it to be delivered to any adult at your residense (again, it could have been your previous one if the debt is that old). Whatever you do, don't just 'skip it' and get a default judgement!!!!!!! Have you called an attorney for yourself yet? I think that would be my first step..... Shawn
Thanks for replying. No I havent called an attorney once i received the summons i was going to bring up sol as my defense. They know exactly where i live because they sent me a letter telling me that they were going to court to ask for a special process server to serve me. I know for a fact they havent been to my house because its just my parents and I. I dont know what to do at this point because I know I shouldve been served by now if they were granted the process server on 10/15.
Can you check the courthouse and see if the motion was granted, then ask the clerk of court how and when you should be served. That might give you some insight before you talk to the creditor. Maybe they were just threatening to see if you'd pay, and never went through with it.
Thats what i thought at first but the clerk did say that were granted the motion for the server. I asked her what to do and she said" just wait or call them to settle". Not what i wanted to here!!!
