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Court Summons from another state
Asked Apr 20, 2009, 09:17 AM
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16 Answers I recently moved to NC in 2006 from OHIO. My ex-wife just sent me a summons regarding a student loan my ex-father-in-law co-signed for me. The amount has ballooned from $5000.00 to $11,000.00 due to interest charged. The company has hired an attorney to get their money. The loan was taken out in 2001 and until now, I have never heard from them regarding my payments or payment arrangements. The company has since changed their name to another company. On top of everything else. I must file a reponse to the clerk of court in Ohio in 8 days or I could lose the case. I cannot get to Ohio to do this. The attorney also wants a reponse which I will send to him. There is no way I will be able to pay this large amount of money. What do I need to do if I cannot get to Ohio to file a response with the clerk of courts? How can I prevent a judgement from being issued against me? Would it be best to just file bankruptcy and start all over again? Thanks, KM |
16 Answers
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| If it's a summons, you have to be served. Someone MAILING this to you is not service. Who - in theory - is suing you? Your ex-father-in-law? The company that gave you the loan?
__________________ Would you go on line for information and then perform surgery on yourself? If not, don't go on line and prepare your own divorce papers. If you need a binding legal opinion you must contact an Attorney in your area. I am not your legal advisor. You can tell what's in a man's soul by the way he treats his dog. Don't breed or buy while others die. | ||||
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... It is called mail. Sorry, but no one in his right mind would actually travel to Ohio merely to file an answer. | ||||
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| But the fact is that you owe this money. So you should be contacting them to arrange payment.
__________________ Hope this helps, Scott<> P.S. Please post a response to let us know whether our answer helped or not. Scottgem's Blog Microsoft Access MVP since 2007 Author: Microsoft Office Access 2007 VBA | ||||
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Do you see legal service here?
__________________ Would you go on line for information and then perform surgery on yourself? If not, don't go on line and prepare your own divorce papers. If you need a binding legal opinion you must contact an Attorney in your area. I am not your legal advisor. You can tell what's in a man's soul by the way he treats his dog. Don't breed or buy while others die. | ||||
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But you are right. By noting it is possible to file an answer by mail, I don't mean to imply that he should do so at this time. | ||||
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| This is possibly a discussion for some other board but with the amount of the debt - $11,000 - this is certainly not a Small Claims Court matter and I am not aware of any superior court which provides for service by certified mail. Perhaps she accepted on his behalf (for whatever reason people do things like that) and the mail was the follow up but I don't see legal service here. I'm not saying the wife couldn't send it to him certified mail. I'm asking how legal service was made on him "through" the ex-wife (in another State). So - what is your advice? He responds or he does not? My advice is that he responds, copy to the Court, and states that he has not been legally served, copy to co-Defendant, copy to ex-wife. He is very likely to have an action against the "ex" if she has someone accepted service on his behalf when she is NOT a responsible party at his residence, their residences being separate, in separate States.
__________________ Would you go on line for information and then perform surgery on yourself? If not, don't go on line and prepare your own divorce papers. If you need a binding legal opinion you must contact an Attorney in your area. I am not your legal advisor. You can tell what's in a man's soul by the way he treats his dog. Don't breed or buy while others die. | ||||
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You are talking about the equivalent of a 12 (b) (5) motion under the Federal Rules of Civil Procedure. I have never understood the utility of such a motion, because all it does is tip off the Plaintiff as to how to achieve proper service the next time. FYI, JudyKayTee, the FRCP doesn't provide for service by certified mail, but, once again, you will find my state to be odd, because the Alaska equivalent (based upon the FRCP, but different) does. | ||||
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I see a more practical approach - do nothing, find a Judgment against "you," spend the rest of your life trying to get it straightened out. I am more to the point - you notify the person that you weren't served. I don't think OP can afford a Judgment and the time/energy/cost of straightening it out. I can find nothing in Ohio that provides for service by certified mail.
__________________ Would you go on line for information and then perform surgery on yourself? If not, don't go on line and prepare your own divorce papers. If you need a binding legal opinion you must contact an Attorney in your area. I am not your legal advisor. You can tell what's in a man's soul by the way he treats his dog. Don't breed or buy while others die. | ||||
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