At Ask Me Help Desk you can ask questions in any topic and have them
answered for free by our experts. To ask questions or participate in
answering them you must register for a free account. By registering you
will be able to:
Get free answers from experts in any of our 300+
topics.
my roommate called and a court summons was sent to our building but to the neighbors postal box, the neighbor brought it over and I am to appear on tues in court in regards to a debt with a credit card. I looked online and saw the case history and even though they have my address and work number Ive never been issued a summons and the case has been in the court system since 2006. what should i do
You MUST go to court. If you do not, it is highly likely that you will lose the case...and if they get a judgment against you, you risk having your wages or bank account garnished.
All you can do at this point is show up and explain your situation as truthfully as you can. If it get's hairy, then ask the judge for a continuance and get an attorney.
I'm no attorney, that's just my advice from years of credit experience...but hang tight. I bet there will be more input on this today and over the weekend.
thankyou for the reply. I have legal services with work, should i contact them and have them do a continuance on my behalf so i can find a lawyer. if i go to court would i have to pay them right away? the court summons was just dropped off in a neighbors mail box is this improper service?
Actually, I half wonder about that. Are you positive that the notice is from your local court?
Is there a case number on it and the plaintiff named too?
i heard about this from my roommate, i am not home untill monday. she said it was dropped off in our neighbors mailbox and she brought it over to her. no one signed it or accepted the summons, she felt it was strange that it would be submitted in this fashion.
Have your roommate fax or email it to you asap. You need to know exactly what it is. I'm beginning to think it's not a court notice, but a collection notice drawn up to look like one threatening a lawsuit.
I looked online at the cook county court cases under my name and found the case with the history and the court docket states the room number and judge assigned on the 27th so i believe it to be a actual summons. what is strange is the history shows its been set aside numerous times due to no contact with me but they have my home address and phone and work number
If you see it online at the court site, then it's legit. Typically they must attempt certified mail first, but if that is not accepted, then regular mail is acceptable...and where that mail lands is not their responsibility.
I'd still get a copy of it so you have the correct info...and yes, I'd get your employers legal services advice too.
Go to the hearing and demand to see the original contract you signed. You can stated your case about improper service. Motion to dismiss the case for lack of jurisdiction, improper service.
If they cannot produce the original contract, do not admit to anything, no contract, no claim. NO copies, the original, and remember attornies cannot testify for their client, the plaintiff must be present inthe court, if not move to dismiss case, lack of subject matter and personal jurisdiction. No plaintiff , no claim.
Linear Mode
