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-   -   Being served (https://www.askmehelpdesk.com/showthread.php?t=190319)

  • Mar 3, 2008, 04:53 PM
    greenarrow06
    Quote:

    Originally Posted by JudyKayTee
    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.

    To answer your questions: No a card from the server was not left. What he taped to my door was a plain white piece of paper that looked like a standard run-off copy. Printed across the top was the process servers name and under that the heading said "Notice of Pending Action Service of Process" To: and a blank space with my name printed in ink. Then under that it just stated that a Process Server is attempting service of legal documents upon you. If our determination is incorrect, please call "blank" with his phone # within 24 hours to arrange for an appointment. Then in bold print under that says: MCLA 750.479 Resisting, Obstructing the Service of Process. Then a paragraph of stuff referring to the above. Then a blank space where the process Server signed his name with a date & time. Then in bold print under that was: What You Should Know About Avoiding Service. One of the things listed said: A judge will issue a posting order & the court papers will be taped to your door, you will be considered served. More advise and input is most welcome! Thanks!
  • Mar 3, 2008, 05:35 PM
    JudyKayTee
    Quote:

    Originally Posted by greenarrow06
    To answer your questions: No a card from the server was not left. What he taped to my door was a plain white piece of paper that looked like a standard run-off copy. Printed across the top was the process servers name and under that the heading said "Notice of Pending Action Service of Process" To: and a blank space with my name printed in ink. Then under that it just stated that a Process Server is attempting service of legal documents upon you. If our determination is incorrect, please call "blank" with his phone # within 24 hours to arrange for an appointment. Then in bold print under that says: MCLA 750.479 Resisting, Obstructing the Service of Process. Then a paragraph of stuff referring to the above. Then a blank space where the process Server signed his name with a date & time. Then in bold print under that was: What You Should Know About Avoiding Service. One of the things listed said: A judge will issue a posting order & the court papers will be taped to your door, you will be considered served. More advise and input is most welcome! Thanks!


    I don't remember which State you are in but it's "just" a notice that someone is attempting to serve you with legal papers - maybe the Court is requiring personal service. I don't really know. Quoting the law or statute is not unusual; and it is telling you that if you don't call to arrange service the creditor will get a Court order allowing you to be served by nail and mail.

    I would call and accept service - don't discuss the case with the server because he/she probably doesn't care anyway and it's not necessary.

    If you do not call they will just get a Court Order (and probably expect you to pay for the extra legal work), nail and mail and you're served in that manner.
  • Mar 7, 2008, 08:16 PM
    greenarrow06
    Quote:

    Originally Posted by JudyKayTee
    I don't remember which State you are in but it's "just" a notice that someone is attempting to serve you with legal papers - maybe the Court is requiring personal service. I don't really know. Quoting the law or statute is not unusual; and it is telling you that if you don't call to arrange service the creditor will get a Court order allowing you to be served by nail and mail.

    I would call and accept service - don't discuss the case with the server because he/she probably doesn't care anyway and it's not necessary.

    If you do not call they will just get a Court Order (and probably expect you to pay for the extra legal work), nail and mail and you're served in that manner.

    Thanks. I'm in Michigan. Just wanted to make sure that no-one could come to my house to arrest me for not accepting whatever that process server is attempting to serve me with, because I haven't done anything criminal or ilegal but still am afraid to find out what they want with me. Your comments have been helpful to me in this very stressful time. Please continue with your input!
  • Mar 7, 2008, 11:17 PM
    JudyKayTee
    Quote:

    Originally Posted by greenarrow06
    Thanks. I'm in Michigan. Just wanted to make sure that no-one could come to my house to arrest me for not accepting whatever that process server is attempting to serve me with, because I haven't done anything criminal or ilegal but still am affraid to find out what they want with me. Your comments have been helpful to me in this very stressful time. Please continue with your input!


    Thanks for the compliment - one other word: sometimes NOT knowing is worse than knowing... and they're going to serve you one way or the other!

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