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    Zaskar's Avatar
    Zaskar Posts: 5, Reputation: 1
    New Member
     
    #1

    Apr 4, 2007, 11:45 PM
    Served a summons or not?
    The people who live in my old house accepted a summons for me. They told the server that I don't live there and I am no relation. The people who now live in my old house called and told me they left the summons. They told the server they didn't want the papers because they don't know me. The server said, well I have to leave the summons here so you can contact the lawyer office and tell them. My question is, I have the paper they left, am I served? It just looks like photo copy and doesn't say the day they left the summons. It also doesn't have a anserw sheet or the address of the court. It does say the county in which its in though. How do I know if this is a summons I have to anserw to? The alleged amount is 17k.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    Apr 5, 2007, 07:29 AM
    You have not been properly served but it would be wise to start seeking a lawyer. You will benefit from his advice now and probably once they properly serve you. For 17 k you will see the inside of a court room and I wouldn't go alone.
    Zaskar's Avatar
    Zaskar Posts: 5, Reputation: 1
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    #3

    Apr 5, 2007, 08:29 AM
    Thanks Ballenger. It is so hard to get a lawyer, none of them return my call as if I'm looking for free service. If they can't contact me will they go ahead with the suit? The contract was for 34k and I paid 17k of it. The original company had squashed the owed amount because they messed up my advertising. The new company say I owe them the balance. I thought this was all done with years ago(contract was in 2001) and since have lost my proof of the original company settlement. This really sucks.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #4

    Apr 5, 2007, 08:38 AM
    Chances are fairly good that the statute of limitations has run out, usually six years after last acknowledgement of the debt. The debt remains alive, and technically you may still owe the money. However, if SOL has run out they can't get a judgement or lien on your property. You might be off the hook. Has your court date come and gone yet? I would show up even if the summons was not served properly. In your absence the courts may allow a judgement lacking knowledge of the SOL.
    Zaskar's Avatar
    Zaskar Posts: 5, Reputation: 1
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    #5

    Apr 5, 2007, 09:10 AM
    Ballenger, there has been no court date as of yet. I went to court doc web site and see what's going on. It was up for dismissal, but they got a motion to extend service. My last payment to original company was in 4-2003 so I think I'm sol on SOL. Since there is no court date should I still anserw to it? By the way, what is a Supplemental Proceedings?
    Zaskar's Avatar
    Zaskar Posts: 5, Reputation: 1
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    #6

    Apr 5, 2007, 02:21 PM
    I paid 50% as agreed to Pacific Coast Publishing because they screwed my yellow page ad. All was fine. Then, Trans Western Publishing bought it. Then Yellow book bought it. Yellow book say I owe them. Yellow book is not even on the original contract. Legal? Why won't lawyers return phone calls? I called 7 so far and nothing. If I'm unable to get a lawyer in time, will the court grant me time when I show up the court day and ask?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Apr 5, 2007, 02:37 PM
    Ok, this is your problem, at this point, the jerk who was serving the summoms will report he delivered it. So they will have a court case with or without you at this point, and if you don't show up, they will get a default judgement against you.

    So by doing nothing at this point they will win and the other side will get a judgement. Now after they get a judgement , you will have to go and file a motion to set aside the judgement, but you will have to do this after they have already garnished your pay or attached your bank accounts.

    So while this was not a "legal" serving, the man who delivered it will fill a form out and report to the court that he served it ( and get paid to do it)

    So you need to address this now, or if you don't, address it latter after they get a defaut judgement.

    Read on hear about people that often say they were never served by do get a judgement against them, this is basically how.
    Zaskar's Avatar
    Zaskar Posts: 5, Reputation: 1
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    #8

    Apr 9, 2007, 09:08 AM
    Yea Chuck your right, that is exactly what they did. Looking at the court web site they say I been served. Now if I can only find a lawyer.
    Matt3046's Avatar
    Matt3046 Posts: 831, Reputation: 128
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    #9

    Apr 9, 2007, 09:23 AM
    Try actually calling them and saying "I have money" Who knows it might work.
    It sounded like you said that you were looking for a free lawyer. It this is the case you are screwed because there is no such thing.
    Matt3046's Avatar
    Matt3046 Posts: 831, Reputation: 128
    Senior Member
     
    #10

    Apr 9, 2007, 09:25 AM
    Sorry you can however represent yourself. (but only if you have no other choice) Read up on the subject, and you may be able to find a lawyer who will consult with you for around an hour (around 100$) but they can help allot

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