Question
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Mar 2, 2008, 02:12 PM
| | New Member | | Join Date: Mar 2008
Posts: 12
| | | Being served A "Notice of Pending Action Service of Process" was taped to my door. A process server is attempting to serve me with some sort of legal documents. I fear I may be being sued for some unpaid credit card bills but i am not even sure of that. If this is the case though, what can happen to me? Can I be arrested & put in jail by not showing up in court or for the unpaid credit card bills? I am not employed and I don't have any money for a lawyer or any way to pay my court costs. Lastly, is there any way to find out why im being served befor court papers are taped to my door? Please help! Thank You. | | | | | | |
Answers
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Mar 2, 2008, 02:15 PM
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#2
| | Ultra Member
Join Date: Aug 2005 Location: Eastern Seaboard - USA
Posts: 4,545
| Was there any contact information on the notice? If it is a lawsuit for unpaid credit card bills, you will not be arrested if you don't appear but will most likely have a default judgement entered against you. Then the plaintiff will garnish your wages and/or seize your bank accounts. You need to find out what it is and then plan on appearing in court and defend yourself. |
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Mar 2, 2008, 03:05 PM
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#3
| | New Member
Join Date: Mar 2008
Posts: 12
| Yes. The number of the process server to call him to arrange an appointment. My question is : since when does a process server ask for a phone call to speak with you? And being i am not employed there are no wages to garnish and the only bank account I have is a joint one with my husband. Can they still seize the account being it is a joint one and not mine alone? |
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Mar 2, 2008, 03:12 PM
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#4
| | | Computer Expert
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 24,003
Pay to call ScottGem for advice ($.75/min) | Any account or asset that you are a joint owner of can be attached, You won't be jailed for not answering the summons. They actually would prefer you don't. Then they get a default judgement without having to prove anything.
You want to get the summons and answer it with your Intent to defend, then make sure they verify the debt and try to work out a settlement. |
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Mar 2, 2008, 03:17 PM
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#5
| | New Member
Join Date: Mar 2008
Posts: 12
| The credit cards that i have that are unpaid were all applied for online, therefore without a signature or a signed contract. Does that have any baring on any judgements that may be put on me? |
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Mar 2, 2008, 03:22 PM
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#6
| | New Member
Join Date: Mar 2008
Posts: 12
| How can they attach or seize a personal checking account that which I share jointly with my husband when he isn't being sued for anything? Should I take my name off the account to prevent any such attachment? HELP! |
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Mar 2, 2008, 03:30 PM
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#7
| | | Computer Expert
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 24,003
Pay to call ScottGem for advice ($.75/min) | Did you make any payments? If you applied for accounts online, and didn't pay at all, you could be prosecuted for fraud. Again, as long as you are listed as joint owner for an asset the asset is attachable. |
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Mar 2, 2008, 03:41 PM
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#8
| | New Member
Join Date: Mar 2008
Posts: 12
| Yes, several payments were made but i could no longer keep up with the minimum payments and that is how i fell behind and just stopped making payments all together. I need help! |
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Mar 2, 2008, 03:42 PM
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#9
| | | Christianity Expert
Join Date: Nov 2005 Location: Atlanta GA
Posts: 26,350
| yes, the credit card company wants you not to show up for the court, they win automticly under the terms they ask for. And not accepting the notice will not help, there are varoius forms of acceptance, if you refuse to accept the paper work.. So your best bet, find out who it is, how much it is, and go and defend yourself in court. |
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Mar 2, 2008, 03:53 PM
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#10
| | New Member
Join Date: Mar 2008
Posts: 12
| Should i have my name taken off our joint checking account to avoid it beng attached? Please anyone? Any help is much appreciated! |
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