Ask Me Help Desk - Being served

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 I'm being served before court papers are taped to my door? Please help! Thank You.

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.

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?

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.

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?

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!

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.

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!

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.

Should I have my name taken off our joint checking account to avoid it being attached? Please anyone? Any help is much appreciated!

If you are not an owner then it would be outside the scope of the judgement. So yes, that would be a good move.

Quote:

Originally Posted by greenarrow06

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?

Answering one question at a time - yes, I own a process service company and, yes, on occasion we've asked the potential Defendant to call us in order to serve that person. Doesn't happen often but it does happen. If you work and that's the only address I have I'll call because I don't want to embarrass you at your workplace.

My feeling is one way or the other you're going to be served so make it as pleasant and as less upsetting as you can for yourself.

The process server is doing a job; we have absolutely no interest in what is going on, the reason for the papers being served (at least I don't).

Quote:

Originally Posted by greenarrow06

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?

Did you apply for the card? Did you use it? Then it's your debt.

Quote:

Originally Posted by greenarrow06

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.

Need to know. Please Help! I have managed to avoid being served thus far, if I continue to do so will what ever the process server is trying to serve me with just be taped to my door and they'll consider me served that way? I am terrified because I cannot afford to pay a lawyer or any court costs. If indeed I am being sued for credit card debt then it is mine. The only thing is is that I am not employed and have no way of paying back the debt. Any answers or advice would be much appreciated. Thanks!

The worst that can happen to you is they will obtain a judgement against you. If you do nothing or dodge the summons that will happen anyway. If you are judgement proof (meaning no income or assets on your own name), then there is nothing they can do.

But if you fight it you can then try to get a settlement you can live with.

Quote:

Originally Posted by greenarrow06

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.

If I am served with court papers and I do not show for the court date will they put out a warrant for my arrest or what can happen? I currently have no bank accounts or assists in my name and no job.

Quote:

Originally Posted by ScottGem

The worst that can happen to you is they will obtain a judgement against you. If you do nothing or dodge the summons that will happen anyway. If you are judgement proof (meaning no income or assets on your own name), then there is nothing they can do.

But if you fight it you can then try to get a settlement you can live with.

Thanks Scott! Your answers and advice have helped me a lot. Please continue with your input!

Quote:

Originally Posted by greenarrow06

Need to know. Please Help! I have managed to avoid being served thus far, if I continue to do so will what ever the process server is trying to serve me with just be taped to my door and they'll consider me served that way? I am terrified because I cannot afford to pay a lawyer or any court costs. If indeed i am being sued for credit card debt then it is mine. The only thing is is that I am not employed and have no way of paying back the debt. Any answers or advice would be much appreciated. thanks!

There are usually 3 types of service - personal service (not hard to figure out); substitute service (on a responsible party at a good address on behalf of the Defendant, for example, your husband or any other adult who answers the door); "nail and mail" - several good attempts (usually 3) at different times of the day, followed by nailing the Summons to the door and mailing within a prescribed number of days. All of them are good service.

I thought the server's business card was taped to your door, not the papers. If the papers are taped it is probably nail and mail and you will get the mailed copy within a few days. I already explained why the card might be taped there.

If this proceeds to a Judgment the creditor will do whatever is legally at his disposal to collect the debt - seize bank accounts, garnishee wages (which I realize you do not have), hold onto the Judgment until it's paid in some way.

The WORST thing you can do is ignore the Summons and NOT appear in Court.

Did you have to indicate income in order to get the card? Is this "simply" a debt they are trying to collect or are they alleging a fraudulent application - I am seeing that more and more, particularly with online accounts.

Quote:

Originally Posted by JudyKayTee

Did you have to indicate income in order to get the card? Is this "simply" a debt they are trying to collect or are they alleging a fraudulent application - I am seeing that more and more, particularly with online accounts.

This is a point I tried to make but which you didn't answer. Did you ever pay on these cards? If so for how long? If you never paid anything towards the balances, then this could become a criminal fraud case.

Quote:

Originally Posted by ScottGem

This is a point I tried to make but which you didn't answer. Did you ever pay on these cards? If so for how long? If you never paid anything towards the balances, then this could become a criminal fraud case.

Yes I did pay on those credit cards for like 6 mo. - a year roughly. I fell behind then got hit with numerous fees and such then it all just spiraled from there. When I applied online I did so with my own s.s. # and instead of asking for employer it just ask for household income, to which I entered the amount of my husband's income because I don't have an income. Hope I've cleared up what you wanted to know. If you have any other new input I would love to read it. Thanks!