Winning The Collection Game

Re: Re: : Winning The Collection Game

I found three judgments in my public records. I was not notified on ANY of them.

 

Re: Re: : Winning The Collection Game

In California being served by publication is popular because people here move around so much.

I found this out when I had DJ and didn't even know about it.

 

Re: Re: : Winning The Collection Game

Thats exactly why you should not let a DJ be entered against you.
rocket1977
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That isn't what I'm talking about.
I am asking about when they do it without letting them!

 

Re: Re: : Winning The Collection Game

I understand all of this but how does this help out in this situation?
Originally posted by lbrown59
What about default judgments rendered against thoes who were never aware of any service, suit or court case;proper service or not??????????????
????????????????????????????????
?????????????????????????????????????
****************Most of the complaints regarding default judgments I read about here are of this nature.****************
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Re: Re: Re: : Winning The Collection Game

MOst of the time, the person's spouse, teenage son, or other household member was served. If there is proper service under state law, it does not matter if the person has actual knowledge. Service is proper.

Sucks yes.

 

Re: Re: Re: : Winning The Collection Game

Service by publication in my state is a last ditch effort. In my county, a process server will make 3 attempts to serve a defendant. If they are unsuccessful, the summons is returned to the lawyer. At that point, he/she has made what the law considers a reasonable attempt at service. They may then place a legal notice in the classified section of a newspaper of general circulation in the last known county of residence of the defendant. The notice must run for 4 consectutive weeks and appear in print at least once a week before the lawyer can move for a default judgment.
Keep something in mind. Legal notices are not just over cc debts. What about when a spouse skips town and there are child/spousal support issues? What about when a spouse disappears and the other half of the union wants a divorce to remarry. Is everyone just supposed to put their life on hold until someone decides to resurface?

 

Re: : Winning The Collection Game

bumping for email

 

Re: Re: : Winning The Collection Game

Sucks yes.
============
So why isn't something done about it?

THE END ** *** ** LB 59
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Re: Re: : Winning The Collection Game

Well, I agree that if they don't have a contract, its going to be more difficult for them to prove you owe money, but I wish you would spell it out a little bit more how you go about defending yourself in court at the municapal court level and above. Remember lawyers can't go to small claims


For example let say you are sued by a CC company and they lost the contract, now you go to court and they have printouts of all the statements you made. At that point all I can think of disputing are lawyers fees and interest and maybe any payments you made to a collections agency.

If you don't answer and get a defualt judgement you might be able to vacate the judgement on 4 grounds.

1. impropers service
2. wrong county
3. lack of validation via FDCPA,
4. don't have to pay lawyers fees and interest rate fees are questionable(no agreement to pay them)

If you do answer,the lawyer is going to cross examine you and might say something to incriminate yourself.

So in that case, which a lot of people in a legal dispute for a credit card are going to fall into, what is your best defense.

In otherwords let's say you get taken to court on a cc card issue, what is your best game plan????

 

Re: Re: Re: : Winning The Collection Game

I believe serving someone that lives in the home who is old enough to understand what is going on is fair. Too many people know they are getting sued and purposefully dodge service, There needs to be alterbatives to personal service. Something needs to be done about improper service, but when service is proper then I have to say tough luck, should not have dodged service personally.

 

Re: Re: Re: : Winning The Collection Game

I believe serving someone that lives in the home who is old enough to understand what is going on is fair. Too many people know they are getting sued and purposefully dodge service, There needs to be alterbatives to personal service. Something needs to be done about improper service, but when service is proper then I have to say tough luck, should not have dodged service personally.
rocket1977
=================
Ok but your post still don't address the below issue.
quote:
--------------------------------------------------------------------------------
Originally posted by lbrown59
I understand all of this but how does this help out in this situation?
Originally posted by lbrown59
What about default judgments rendered against thoes who were never aware of any service, suit or court case;proper service or not??????????????
????????????????????????????????
?????????????????????????????????????
****************Most of the complaints regarding default judgments I read about here are of this nature.****************
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
******************************************************************************
Everyone should have their day in court .
Dafault judgments as they are now deny people such as this that right!

 

Re: Re: Re: : Winning The Collection Game

I believe serving someone that lives in the home who is old enough to understand what is going on is fair. Too many people know they are getting sued and purposefully dodge service, There needs to be alterbatives to personal service. Something needs to be done about improper service, but when service is proper then I have to say tough luck, should not have dodged service personally.
rocket1977
=================
Ok but your post still don't address the below issue.
quote:
--------------------------------------------------------------------------------
Originally posted by lbrown59
I understand all of this but how does this help out in this situation?
Originally posted by lbrown59
What about default judgments rendered against thoes who were never aware of any service, suit or court case;proper service or not??????????????
????????????????????????????????
?????????????????????????????????????
****************Most of the complaints regarding default judgments I read about here are of this nature.****************
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
******************************************************************************
Everyone should have their day in court .
Dafault judgments as they are now deny people such as this that right!

 

Re: Re: Re: : Winning The Collection Game

Should not have dodged service personally
rocket1977
====================
How is the issue I am addressing dodging service?
Here's The Issue What about default judgments rendered against thoes who were never aware of any service, suit or court case;proper service or not?

THE END ** *** ** LB 59
"""""""""```~~~```'"""""""""

 

Re: Re: : Winning The Collection Game

bumping, would like to get opinions on the above

 

Re: Re: Re: : Winning The Collection Game

Bumping , would like to get opinions on the above scenario!!

 

Re: Re: Re: Re: : Winning The Collection Game

What scenario is that?

 

Re: Re: Re: : Winning The Collection Game

1*I believe serving someone that lives in the home who is old enough to understand what is going on is fair.
2*Too many people know they are getting sued and purposefully dodge service,
rocket1977
===================
1*No there is nothing fair about this when that someone never informs the defendant.
2*This is one thing but The issue I'm talking about is quite another.
It's just not right to take those who were never aware down just to make sure you get those who purposely dodge.
Wasn't it Clinton who gave the criminal element 3 strikes and you're out.
But the unfortunate unaware defendant don't get that much.
He** he never even gets up to bat.
There has to be a better way!!!!!!!!!!!!


THE END ** *** ** LB 59
"""""""""```~~~```'"""""""""

 

Re: Re: Re: : Winning The Collection Game

1*I believe serving someone that lives in the home who is old enough to understand what is going on is fair.
2*Too many people know they are getting sued and purposefully dodge service,
rocket1977
===================
1*No there is nothing fair about this when that someone never informs the defendant.
2*This is one thing but The issue I'm talking about is quite another.
It's just not right to take those who were never aware down just to make sure you get those who purposely dodge.
Wasn't it Clinton who gave the criminal element 3 strikes and you're out.
But the unfortunate unaware defendant don't get that much.
He** he never even gets up to bat.
There has to be a better way!!!!!!!!!!!!


THE END ** *** ** LB 59
"""""""""```~~~```'"""""""""

 

Re: Re: Re: Re: : Winning The Collection Game

Serving someone in the household is proper service in all 50 states and probably Puerto Rico. If the hosuehold member does not tell the person being sued, that should not be the creditor's problem. That should be between the person served and the person sued. It is almost impossible to personally serve every single person PERSONALLY. I am sorry if you do not think its fair, but it should not be a creditors problem if a wife decides or forgets to tell her husband he has been sued. Thats between husband and wife.

 

Re: : Winning The Collection Game

It's obvious who's side you're on.