Ask Me Help Desk - Credit card dept

I received the default judgment that I have to pay the certain sum to Collection agency. I was truly surprised because I wa never served the papers to my home address. Apparently I have the claim with the same collection agency that I was receiving to my home address and I am dealing with this claim at present. I ran to the court and the secretary opened my file and said that they served the papers to my work address and I really never received them. The only advise she gave me to fill out the Notice of Motion. I still do not understand how the court date was scheduled without notifying me, I would definitely appear on the court date. Please, give me advise what should I write on court Motion.( I can provide to them the other claim number where the same collection agency communicating with me through my home address). Thank you very much.

Quote:

Originally Posted by chitik

I received the default jugment that I have to pay the certain sum to Collection agency. I was truly surprised because I wa never served the papers to my home address. Apparently I have the claim with the same collection agency that I was receiving to my home address and I am dealing with this claim at present. I ran to the court and the secretary opened my file and said that they served the papers to my work address and I really never received them. The only advise she gave me to fill out the Notice of Motion. I still do not understand how the court date was scheduled without notifying me, I would definitely appear on the court date. Please, give me advise what should I write on court Motion.( I can provide to them the other claim number where the same collection agency communicating with me through my home address). Thank you very much.

It's called substitute service - the Affidavit of Service on file at the Court will tell you who was physically served. That was followed up with a mailed copy of the papers.

As far as the Attorney and Court are concerned, you WERE notified. Someone took the papers on your behalf AND undoubtedly furnished his/her name to the process server.

What State?

You cannot force the creditor to serve you at your home. They will find whatever address they can and that's where you will be served. I own a process service company and speaking for myself and the Attorneys who hire me, the workplace address is the last resort. We prefer to serve you at home. Were you avoiding service?

If you owe the debt and get this set aside for faulty service they will serve you again in the Courthouse and the process will start all over again. You will, of course, buy yourself some time.

What is your defense to the debt? Statute? It's not your debt? Something else?

Quite bluntly, you have posted this same debt before, saying you were served (as I recall). Now you weren't served.

I am always concerned when the same basic situation is posted in more than one way.

I do note that you have been answered very thoroughly every time you have posted.

Why don't you post the entire situation once and let the experts give you some advice based on the facts - ?

Quote:

Originally Posted by JudyKayTee

It's called substitute service - the Affidavit of Service on file at the Court will tell you who was physically served. That was followed up with a mailed copy of the papers.

As far as the Attorney and Court are concerned, you WERE notified. Someone took the papers on your behalf AND undoubtedly furnished his/her name to the process server.

What State?

You cannot force the creditor to serve you at your home. They will find whatever address they can and that's where you will be served. I own a process service company and speaking for myself and the Attorneys who hire me, the workplace address is the last resort. We prefer to serve you at home. Were you avoiding service?

If you owe the debt and get this set aside for faulty service they will serve you again in the Courthouse and the process will start all over again. You will, of course, buy yourself some time.

What is your defense to the debt? Statute? It's not your debt? Something else?

Quite bluntly, you have posted this same debt before, saying you were served (as I recall). Now you weren't served.

I am always concerned when the same basic situation is posted in more than one way.

I do note that you have been answered very thoroughly each and every time you have posted.

Why don't you post the entire situation once and let the experts give you some advice based on the facts - ?

Well, I was just asking for advise . Like I stated in my situation this is different claim and nothing to do with my previous questions. I also stated that the same collection agency did not have a problem to contact me at my home address with the first claim and I was responded. Anyway, like I said I was just asking for advice and not for discussing my all question.

Quote:

Originally Posted by chitik

Well, I was just asking for advise . Like I stated in my situation this is different claim and nothing to do with my previous questions. I also stated that the same collection agency did not have a problem to contact me at my home address with the first claim and I was responded. Anyways, like I said I was just asking for advice and not for discussing my all question.

Well, then my other advice concerning substitute service and your defenses to this claim stands.

I will admit I had difficulty understanding this particular question, particularly in light of your other questions along the same lines.

The creditor is legally able to serve you wherever he/she finds you, and apparently that was at your workplace. Get a copy of the Affidavit of Service, see who was served, find out where the mailed copy is and prepare your defense.

Quote:

Originally Posted by JudyKayTee

Well, then my other advice concerning substitute service and your defenses to this claim stands.

I will admit I had difficulty understanding this particular question, particularly in light of your other questions along the same lines.

The creditor is legally able to serve you wherever he/she finds you, and apparently that was at your workplace. Get a copy of the Affidavit of Service, see who was served, find out where the mailed copy is and prepare your defense.

Thank you. I will try to find the mailed copy so at least I will know what this case was about. I guess I can ask for a copy from a court office or should I contact the collection agency?