Winning The Collection Game

Re: Re: : Winning The Collection Game

It's obvious who's side you're on.
drdeleto
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Meaning the plaintiff-Right!
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Re: Re: : Winning The Collection Game

I guess I am supposed to be insulted? Frankly, I do not feel sorry for people who decide they are going to ignore a lawsuit filed against them. Frankly, it is not a creditor's problem if they serve you through your spouse or 17 year old child, and you never hear of the lawsuit.

It is not about taking sides. When I pass the bar in July, I was considering taking on consumer protection cases. However, when a creditor complies with the law regarding service, the responsibility does and SHOULD shift to the person sued to contest whatever the plaintiff says. You have noone else to blame but yourself if you decide "I do not owe this. To hell with this I am not going to bother with this lawsuit." The right thing to do is go to the clerk of court, get some "form" answers, and deny everything in the petition, even if it is true. Once they prove to you, that the debt is yours, then talk abot settlement.

I am willing to bet some of these people who know nothing about a DJ are not exactly truthful. They just thought it would go away. I do not feel sorry for those people.

 

Re: Re: : Winning The Collection Game

I would like to pose the following example:

Assume you had your way, and you could only serve a person PERSONALLY. The only way to affect service would be to hand to the defendant himself.

Now assume a drunk driver slams his vehicle into yours, rendering you a quadrapelgic. You have medical bills in excess of $1,000,000.00. However, this guy knowing he will get sued has his family answer the door and they always say hes not home. Most states require you serve a person within 90-180 days of filing your lawsuit. If you do not SERVE within that time, your cases will be lost. SOL is gone, and you are SOL (not statute of limitations).

Is that fair? Before you respond, please remember we are assuming you can only serve the defendant PERSONALLY - (i.e. -- no spouse, secretary, court appointed attorneys allowed).

See why we have alternate forms of service?

 

Re: Re: Re: : Winning The Collection Game

I am willing to bet some of these people who know nothing about a DJ are not exactly truthful. They just thought it would go away. I do not feel sorry for those people.
rocket1977
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Again what about those who are telling the truth?????????????????????????
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Re: Re: Re: Re: : Winning The Collection Game

You apparently are not getting what I am saying. DOMICILIARY service -- serving a member of the household is proper. I am very sorry if your wife does not tell you she got served with a lawsuit. Thats not the creditor's problem. Thats your problem you have with your wife. The creditor complied with the law. Why punish the creditor?

If its the household member's fault -- sue them. The creditor should not pay for the wife/husband/son/daughter's fault!

And you want to talk about fairness. I think what you mean to say is whatever helps me.

 

Re: Re: : Winning The Collection Game

Rocket has a few points you need to be aware of, even if you don't want to.

If the OC follows the law to the letter and you fail miserably to respond, IT'S NOT THE OC'S PROBLEM, it's YOUR problem.


[ The good news is, they probably will not follow the law to the letter ]


Facing the world the way the world really is (as opposed to the way we want it to be) is the hard part, but that's how we must do this.

Rocket, even though playing devils advocate, is right on with his assessment.

And believe me I'm on YOUR side!

 

Re: Re: Re: : Winning The Collection Game

In Louisiana, it is impossible to screw up. Everyone has to serve through the sheriff's office of the parish where the defendant lives. Long-arm statute is by certified mail (If you decide to ignore the CRRR, Louisiana takes care of that problem by saying if you live there, and the plaintiff can prove you live there or you refuse delivery, you are served -- I think thats fair by the way.)

I do not know what other states require, but my understanding of most states is anyone over the age of 18 can serve and as long as they serve the right person(s), its effective.

 

Re: Re: Re: : Winning The Collection Game

You're SHOULDING all over yourself. Lawyers are collection agents. Judges were Lawyers. Now your attitude makes sense.

 

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

You know me so well don't ya. Did a stereotype as a typical low-life loser just looking to not pay his bills? No I did not. I am not arguing with you. I have my opinion, you have yours.

 

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

Our state statutes clearly define the terms upon which a defendant can have a default judgment set aside. The plaintiff or defendant can file a motion for the court to act.

The defendant can get a default judgment set aside once it has been satisfied. Additionally, the defendant can file a motion to get the judgment set aside if they can show that the outcome of the trial most likely would have been different. They have up to two years to file the motion and show evidence--even longer if military.

I have some level of experience in seven states on these types of issues. While I agree that it can be easy in some states to get legal service on a defendant, the judges I have seen have always tried to be fair when the defendants fail to appear.

In one case, we had legal service, but the judge ordered that we get PERSONAL service so that he could be sure the defendant was aware of the case. In this case, we even had affidavits filed showing the defendant's knowledge of the case. In another case with proper legal service, the judge requested that we move the case to a different venue when the defendant failed to appear. The judge thought it would afford the defendant a better opportunity to defend himself. Lastly, we had a judge vacate a default judgment upon his own review although service was legal. He thought the language on the summons could have been prejudicial to the defendant.

I know it's not perfect, but most judges I have seen have tried hard to ensure that everyone's rights were protected.

 

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

In most states, you must be over 18, a resident of that state, and a registered private process server. Not just anyone can serve legal documents.

Also, it may not be the case everywhere, but I believe as long as a lawsuit is filed before sol, a plaintiffs case is valid. It doesn't need to be served before the sol. In most states, a summons and complaint is valid for 180 days. But, if a plaintiff can show due diligence in trying to effect service, a court will usually grant a motion to extend the time for service.