I am being sued my capital one in small claims court. What do I do. I don't make that much money and I wanted to know can they garnish my wages. Also they left the summons on the door step can the summons person just leave that on the door step I know for a fact it has to be put in your hand:eek:

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Originally Posted by lee9090

i am being sued my capital one in small claims court. what do i do. i don't make that much money and i wanted to know can they garnish my wages. also they left the summons on the door step can the summons person just leave that on the door step I know for a fact it has to be put in your hand:eek:

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No, it does not have to put in your hand - there are several different ways to serve (personal, nail and mail, substitute), all of them legal in most States. The only summons that has to be personally served in NYS, for example, is in a matrimonial action.

And, yes, if this proceeds to judgment your wages can be garnisheed.

Hello lee:

If it were me, I'd be looking for reasons to GO to court to fight those lowlifes. I wouldn't be looking for reasons NOT to...

Oh yeah, way down the road after they've gotten a default judgment for near TWICE the amount you owe, and they've attached your bank accounts and garnished your wages, THAT'S when you plan to complain to the court about service. Good luck with that.

However, that seems to me NOT to be the best and cheapest way out of this. I don't know. Me?? When somebody is banging on my head with a hammer, I don't pretend it isn't happening.

If you can scrape together about half of what they want now, I'll bet you can make this go away.

excon