Ask Experts Questions for FREE Help !
Ask
    cadamson's Avatar
    cadamson Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 20, 2009, 04:54 PM
    Can you explain the laws on proof of service?
    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
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Apr 20, 2009, 05:00 PM
    Quote Originally Posted by cadamson View Post
    Does this mean he is served? or do I just ignore it because they are trying to harass me?
    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
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #3

    Apr 20, 2009, 05:40 PM
    Quote Originally Posted by cadamson View Post
    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


    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #4

    Apr 20, 2009, 07:15 PM

    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.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
    		  
    #5

    Apr 21, 2009, 11:24 AM

    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

International marriage and divorce laws in regard to american laws [ 3 Answers ]

Dateline: U.S. resident from panama in national guard gets stationed in panama and gets married U.S. resident comes back from panama (without wife cause she does not want to leave her country) U.S. resident becomes a naturalized citizen of U. S. Naturalized U. S. citizen gets american...

Explain Newton's Laws of Motion in Tennis [ 2 Answers ]

Need to explain Newton's 3 Laws of Motion in the game of tennis.

Proof of Service : Mailed Summons [ 21 Answers ]

I am contesting the validity of substitute service in NY on grounds of "carelessness of service" as per the strict provisions of CPLR 308 in NY. In addition, I never received the MAILED summons, properly marked PERSONAL AND CONFIDENTIAL, as claimed by the process server. I understand that the...

Proof of Service - not filed [ 15 Answers ]

I live in Michigan and have received a summons for an old credit card debt. I received summons in the mail (not certified) and it says that I have 28 days to respond. I was confused about when the 28 days began because the summons was issued about a 2 weeks before I got it. I called a local...

Proof of service [ 2 Answers ]

The court issued Chase and the attorney a Sanction because they could not prove that I have not been sevred with a summons. The process server just served me with a summons and then left does the summons have to have proof of service?

View more questions Search