Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Bankruptcy & Debt (https://www.askmehelpdesk.com/forumdisplay.php?f=44)
-   -   What time can a court summons be served (https://www.askmehelpdesk.com/showthread.php?t=450503)

  • Feb 22, 2010, 10:18 PM
    datskewl
    What time can a court summons be served
    Someone keeps pounding on my door and I think they are trying to serve my for court for a credit card debt. The first day was Saturday around 2:00 pm, the person rang the door bell and then pounded the door three times and left. The second time was Monday at 8:30 pm at night, the person did the same thing. Does the person have the right to beat my door down? Thanks.
    Headache in Texas
  • Feb 22, 2010, 10:59 PM
    Clough
    Hi, datskewl!

    Someone probably is trying to serve you with papers from the court. I'm sure that the laws concerning when an agent of the court can come knocking on your door. Generally, there usually at times of the day when most people would already be up for the morning before the times when most people would go to sleep. If they know what shift you might happen to work, they also might gear their times to serve you around those hours based upon typical sleep patterns for a certain shift.

    I've had someone try to serve me papers in the very early morning, like around 6:00 A.M. during the mid-day and also late at night. Never after 10:00 P.M. though.

    It was for a credit card debt. The man eventually caught me working in my yard. He was really quite reasonable and a friendly guy!

    I know that it can be really unnerving for someone to be banging at your door. However, they're not going to quit until your served the papers. No, they can't bang your door down. However, they can bang loud enough so that someone who might be hard of hearing can hear them.

    My suggestion would be to answer the door so that you know longer have to go through the mental torment as to who it is and what this is concerning.

    If you do need to go to court, try to get a lawyer to represent you. If you might not be able to afford an attorney, then have a friend go with you who can be a witness as to what happens in court.

    Have you tried calling the credit card company to see if anything can be worked out? If not, I suggest that you do call them and have a witness on another line and inform the credit card representative that someone else is also on the line. Have the witness say something to verify that.

    Thanks!
  • Oct 28, 2012, 06:48 AM
    GCMM
    I don't understand people dodging service of court papers. A process server is a person who serves DUE PROCESS to you. It is YOUR Constitutional right to be served! If someone is suing you in court, you have the right to know, and that is what the process server is trying to do. If you do not get served, you have no defence in court and a default judgement could be rendered against you. That means that since you weren't in court on the day the papers that the process server tried to serve you told you to be there, the party suing you can, and in many cases does, get everything they ask for before the Judge.

  • All times are GMT -7. The time now is 10:00 PM.