I got sheriff's business card in my door. I got a call two days ago from a collection company saying that they will send me subpoena. I did not say my name or anything. When I saw the business card I knew it is from the collection agency/law office. My question is.. Do I still have to serve if I don't get the subpoena? Can plaintiff still get judgment if I don't get the subpoena and without my signature on it. Can they gournish my wages? Can they froze my acct if without my signature on the subpoena? How many times the sheriffs office will try to deliver the subpoena? The loan I am talking about is I cosigned a car for someone in the past? How do I get the serve but not her? Should I get a lawyer? I am freaking out and I think I am screwed. The money I make I barely surivive. If it goes further, if there is no money left after the month after paying all my bill.. can they still froze my acct and gurnish my wages? I am from Missouri, Greene County. Can they still sue me if I am not served by the subpeona that should be delivered by sherrif department?

If at some point, it appears you can not be found, there is a procedure to post a notice in legal section and contiue with the law suit. Also depending on your sheriff office, ( they don't have you sign, they merely hand it to you and then fill out a form that says you were served)
So often, although not really legal, guess what, the sheiff office employee says they gave it to you and goes on, since they figure you are running form being served. But they may come to where you work to serve you, and tha looks bad at work.

They may sue you and or the other person, or both of you. They will normally come after the person who they think they can get the money from easiest, so if you are working, they can get the money easy, by garnish your pay. You need to talk to the person you signed for and see why they are not paying. You do after they take the money from you, that you may sue the other person. And they don't care if you can't pay your bills, that will be your issue. They will take about 25 percent of the gross wages before you get it, and you have to figure how to live on the rest.

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Originally Posted by d102640

I got sheriff's business card in my door. i got a call two days ago from a collection company saying that they will send me subpoena. I did not say my name or anything. when i saw the business card i knew it is from the collection agency/law office. my question is.. Do i still have to serve if i don't get the subpoena? Can plaintiff still get judgment if i don't get the subpoena and without my signature on it. Can they gournish my wages? can they froze my acct if without my signature on the subpoena? how many times the sheriffs office will try to deliver the subpoena? the loan i am talking about is i cosigned a car for someone in the past? how do i get the serve but not her? Should i get a lawyer? i am freaking out and i think i am screwed. the money i make i barely surivive. if it goes further, if there is no money left after the month after paying all my bill.. can they still froze my acct and gurnish my wages? I am from Missouri, Greene County. can they still sue me if i am not served by the subpeona that should be delivered by sherrif department?

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I am not certain if you are talking about a SUMMONS which starts a legal action or a SUBPOENA which commands you to come forward (to a Court, Attorney's Office) to give testimony or SUBPOENA DUCES TECUM (which commands you to come forward and bring documentation). You don't sign either one, at least not in NYS.

And, yes, you are responsible if you signed for the loan - the other person must be in default and they have a legal right to look to you for payment. She may have already been served; they can serve either you OR her at their discretion. And, yes, if they get a judgment they can garnishee your wages.

The bottom line here is that, if you co-sign a loan, you are responsible if the primary borrower defaults. You have to pay. You can turn around and sue the primary borrower, but if the lender hasn't been able to collect, you probably won't.

Ignoring the summons will not help. They can file for a default judgement and if you don't answer, they will get one. Once they get the judgement they can garnish your salary or attach assets.

Hello d:

When you are summoned to court, it's NOT an invitation that you need to RSVP. They'll start the party EVEN if you don't go. Then they'll send you the bill. Actually, they won't send you a bill at all. They'll just go into your accounts and TAKE their money, and let you know about it afterwards.

excon