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sgtmajor1 · Feb 2, 2009, 08:58 PM

Hi, I live in NM, and I was served a summons for my brother. I told the server that I wasn’t him, but he placed it on my door anyway. The summons is for a credit card company sueing him for non-payment of debt. My brother lives at my home, but is not working and is only caring for our elderly mother. I pay for his auto payments, but I can’t afford to pay anymore. Does he need to file an “intend to defend” letter with the court? If they do get a judgement against him, can they come into my home and take anything to satisfy the debt? Also, I read somewhere that he might be considered judgement proof, is he since he is not working and doesn’t own anything?

Fr_Chuck · Feb 2, 2009, 09:22 PM

There is no such thing as "judgement proof" they can always get a judgement, just being able to collect.

You may have to prove what in your home is yours and what is his, if they get a judgement and a lien on his personal property.

He needs to file a letter of intent to defend if he wants to defend, or he can stay home and just lose,

And it was served to a adult at the legal address, so it did not have to be deleivered into his hand, your hand was fine since he lived there.

JudyKayTee · Feb 3, 2009, 06:45 AM

Originally Posted by sgtmajor1

Hi, I live in NM, and I was served a summons for my brother. I told the server that I wasn’t him, but he placed it on my door anyway. The summons is for a credit card company sueing him for non-payment of debt. My brother lives at my home, but is not working and is only caring for our elderly mother. I pay for his auto payments, but I can’t afford to pay anymore. Does he need to file an “intend to defend” letter with the court? If they do get a judgement against him, can they come into my home and take anything to satisfy the debt? Also, I read somewhere that he might be considered judgement proof, is he since he is not working and doesn’t own anything?

You weren't personally served. Your brother was "substitute served," meaning a responsible person of legal age was served on his behalf. It's legal, good service.

If he has a defense to the lawsuit, yes, he should respond to it. Perhaps it's out of Statute, perhaps the credit card company can't prove the debt. He only knows that by replying.

No one is Judgment proof. Some day, some time (usually within 20 years) a Judgment can attach to wages, property, bank accounts.

Only HIS assets can be used to satisfy a Judgment - if it goes that far - in accordance with the laws of your State.

sgtmajor1 · Feb 14, 2009, 10:45 AM

I was just served and it says I have to file a pleading or motion in response to a complaint form. Where do I find pleading or motion in response to a complaint form? And what are these forms used for? :confused:

JudyKayTee · Feb 14, 2009, 10:58 AM

They served you with a Summons - I am guessing - and want a response from you. You can deny, admit, question, mix and match. Without seeing the papers it would appear they have to notify you that you can make a Motion to have the matter dismissed for some reason, lack of venue, out of Statute.

What is the matter concerning and what is your defense?

Also - which State?

"Most" Small Claims Court are VERY informal and a letter will do.

Is this related to your previous post about you being served mistakenly on behalf of your brother and questioning whether he is judgment proof?

sgtmajor1 · Feb 14, 2009, 11:43 AM

Yes, it is concerning my brother. I just don't know what to tell him to to do - I'm not a lawyer. He's doesn't own anything, is not working, and has no income other than social security. We live in NM.

JudyKayTee · Feb 14, 2009, 11:55 AM

Originally Posted by sgtmajor1

Yes, it is concerning my brother. I just don't know what to tell him to to do - I'm not a lawyer. He's doesn't own anything, is not working, and has no income other than social security. We live in NM.

Please don't post "my brother" on one thread and "me" on another - it's confusing and if it's not you, just say so.

sgtmajor1 · Feb 14, 2009, 11:58 AM

Sorry, But I don't what to tell him. I will say it again - It's my brother not me. Can you help me or not?

JudyKayTee · Feb 15, 2009, 06:33 AM

Originally Posted by sgtmajor1

Sorry, But I don't what to tell him. I will say it again - It's my brother not me. Can you help me or not?

I already did - I need more info and less attitude: "They served you with a Summons - I am guessing - and want a response from you. You can deny, admit, question, mix and match. Without seeing the papers it would appear they have to notify you that you can make a Motion to have the matter dismissed for some reason, lack of venue, out of Statute.

What is the matter concerning and what is your defense?

Also - which State?

"Most" Small Claims Court are VERY informal and a letter will do."

this8384 · Feb 16, 2009, 08:17 AM

Originally Posted by sgtmajor1

Sorry, But I don't what to tell him. I will say it again - It's my brother not me. Can you help me or not?

Here's the whole problem. You started with "my brother got served"; then you changed it to "I got served." Then you have the nerve to say "I will say it again - It's my brother not me," as if everyone should have known that you find it completely logical to start 2 threads with different information in them.

Judy posted some very pertinent questions. If you want the best legal advice, I suggest you answer them, and that you do so truthfully. Changing your story makes it harder to help you.