Last week I was served with a lawsuit for my x-husband. I don't know where he is and haven't seen him in years. The summons was not filed with the court or signed by a clerk of the court and directed towards him as the defendant. The proof of service was also blank. It is on an issue which I have already been discharged in bankruptcy. Does this mean he is served? Or do I just ignore it because they are trying to harass me?

Thank you

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Originally Posted by cadamson

Does this mean he is served? or do I just ignore it because they are trying to harass me?

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Hello cad:

He's your ex. Serving you isn't serving him. I don't know what you could do about it except ignore it. You did say that you don't know where he is.

Harassment?? Please. I've been served before. It ain't great. But it ain't harassment.

excon

Quote:

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Originally Posted by cadamson

Last week I was served with a lawsuit for my x-husband. I don't know where he is and haven't seen him in years. The summons was not filed with the court or signed by a clerk of the court and directed towards him as the defendant. The proof of service was also blank. It is on an issue which I have already been discharged in bankruptcy. Does this mean he is served? or do I just ignore it because they are trying to harass me?

Thank you

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How were you served on his behalf? Personally and you accepted the papers?

The proof of service would be blank - one copy is completed and filed with the Clerk following service. You simply have a paper which has room for the proof of service to be completed.

You MUST call the creditor and explain you have filed in bankruptcy, it's been discharged, you don't know where he is, you cannot accept service on his behalf. If you do nothing and a Judgment is obtained against him you could spend years (literally) trying to get this straightened out.

Sounds like a lazy process server that had your address for you and ex.

But Judy is correct/ and excon
You can merely ignore it, if you were not listed on it, if it was a joint debt and you filed bankruptcy they may still sue him for the debt.

I would personally send the debtor a copy of the bankruptcy to remind them that you filed and were discharged on this debt.

And I would tell them that you have no idea where your ex is and he was not notified, and also notify the court of this.

Definitely contact the law office that sent the summons to you and explain to them that this debt was discharged in your bankruptcy. You can also send them a pertinent copy of the bankrutpcy paperwork showing this debt listed and discharged during the bankruptcy.

Ignoring this summons will definitely be very hard to unravel once a judgment against you is entered.

If you have an attorney that handled your bankruptcy and are still in contact with him/her I would definitely make an appointment to see them and give them a copy of this new lawsuit so they can file the appropriate paperwork with the court on this new lawsuit for you. It's well worth the effort now to have this taken care of properly versus down the road.