[jhammar]

Due diligence in issuing a summons?

Went to make a purchase today and found that my bank account was frozen due to a Levy. Was able to find out from the bank who had done this and am getting some details and am getting more confused by the minute.

Long story short -

Grand Parents passed away. My Mom was the executor of the estate.
2 months later I moved into the house they were living in to remodel to increase the home value prior to the sale to help my Mother out.
Received a phone call from an oil company stating that I owed them money.
Explained that I never used their company but if money was owed and they sent a statement that I would forward it to the executor for resolution of the debt. Advised them to use the address of my late grand parents home (where I was currently living)
Do not recall receiving any documentation from them.
All of the above was in 2003.

Lived in house for 2.5 years prior to purchasing my own home in 2007. Late grandparents home sold by executor.

Earlier this week I found that a funds had been seized on my bank account after some calls to the bank I was able to find out that is was this oil company that I never used or received services from.

I was never served or notified of a suit.
I was not advised of a judgment tat was made against me in 2007 to pay $35 weekly on this debt
After not making any payments for 1 year a judgement was ordered for a bank levy.

When I contacted the oil company and inquired about the address used for the summons and attempts to collect the judgment they stated that they had used and address that they found on my credit report. I had not lived at that address for 5+ years, and had purchased a new home.

Besides the fact that I do not feel that this is my debt in any way.( I received an account statement clearly showing no services rendered after the passing of my grandparents with the exception of a service contract agreement that was entered after their deaths, and that no services were rendered under that contract)

Okay the questions:
1.) What would be considered "Due Diligence" in finding someone to properly notify them of a legal action? Is finding an old address on a credit report enough? (Personally I believe that they were neglegent or decieptfull, am I wrong here?)
2.) The contract that my grandparents agreed to with the oil company after that were dead, does this need to be done at a saynce' or can a spiritual medium be used?

[JudyKayTee]

2.) The contract that my grandparents agreed to with the oil company after that were dead, does this need to be done at a saynce' or can a spiritual medium be used?

This is not the comedy board, it's the legal advice board.

Your post is inappropriate to say nothing of a time waster.

[jhammar]

This is not the comedy board, it's the legal advice board.

Your post is inappropriate to say nothing of a time waster.

Judy, sorry for the sayance / medium comments. Admittedly inappropriate. Just a little POed at this whole mess I have going and was venting a bit.

Why do you feel that my post is a time waster? I gave a historical time line and details related to the issue, and was looking for advise on weather due diliagence was followed in notifying me of the suit and attempts to collect by using an old address from a credit report they had?

Also, In looking at the documentation received from plaintiff a service contract was billed on the account after their deaths. Is there any way that this can be legal? Can a contract be automaticaly generated without a signature or verbal agrement just because my grandparents had one the prior year?

Please advise how thesr questions are irrelevant to this forum and how they are a "time waster". So that I know for the future.

[JudyKayTee]

Judy, sorry for the sayance / medium comments. admittedly inappropiate. Just a little POed at this whole mess I have going and was venting a bit.

Why do you feel that my post is a time waster? I gave a historical time line and details related to the issue, and was looking for advise on weather due diliagence was followed in notifying me of the suit and attempts to collect by using an old address from a credit report they had?

Also, In looking at the documentation received from plaintiff a service contract was billed on the account after their deaths. Is there any way that this can be legal?? Can a contract be automaticaly generated without a signature or verbal agrement just because my grandparents had one the prior year??

Please advise how thesr questions are irelevent to this forum and how they are a "time waster". so that I know for the future.

I read your entire post until I got the "sayance" comment and realized you aren't really taking this seriously - so you wasted my time.

To answer your other questions - the exact language in the contract would have to be reviewed in order to determine if it's an automatic renewal. Yes, if it's an automatic renewal it's absolutely legal.

I'm assuming that the Executor of the Estate notified the oil company in writing of the deaths and did not simply allow the contract to stand, not having occasion to use the services.

If you feel this is an unfair Judgment, go to Court and attempt to get it aside for "bad" service. SOMEONE was served with the papers and the Court will have Affidavits concerning those services. It is going to be difficult to set it aside after this much time but it can be done if you can prove you were not served.

Someone will have to determine why they didn't use the property address - if they didn't - and why they pulled an old address off a credit report. Only the creditor/oil company knows the answer to that.

[jhammar]

Judy,
Thank you for your reply.

1.) I am taking this issue seriously, but If I take it too seriously...

2.) What I was told by the creditor / oil co. was that they mailed, not certified mail, notice of the suit to an address (that I had not used in 5+ years) and that since it was not returned the assumption was that I had received it and that this was standard procedure. If it had been returned, a marshall would have issued the summons.

It would seem that this is far from "Due Diligence" on the part of the creditor which is stated in the small claims handbook for issuing a summons. At the time that the suit was filed, I had already purchased a new home, address and had a mortgage for 300K. This would definitely have showed up on my credit report. Personally I feel that the creditor was either deceitful or did not act with due diligence in locating and serving me. But if this is acceptable pratcice under CT state law I guess that would be that.

I Guess the long and short of it is that because I have the same name as my late grandfather and live at his address after his death I am repsponsable for his past bills. Seems wrong. Actuall wouldn't have minded paying the bill had I been aware of it and the actions against me. The initial amount that was owed to the oil co was only approx $300.00 with the interest they have tacked on and the bank fees I have added up due to the levy I am out approx 2K.

Oh Well, Life goes on.

[ScottGem]

Ok, First lets deal with the service of the summons. I agree that you can probably get this vacated on improper service.

I'm not sure how they got to you thinking you might be responsible, but I suspect it was because you were living on the premises. In that case, you should have been served there.

Now, generally, when there is a case of improper service getting a vacate is just a delaying tactic as they will properly serve you immediately after.

Now if they are suing you for cost of the service contract and that service contract did have an automatic renewal clause, you may be liable for that only. But if they are suing you for oil deliveries made prior to your grandparent's death, then I think this was a frivoulous lawsuit and you clearly had no responsibility for the debt. So, along with your motion to vacate, I would file a malicious prosecution suit and cite any damages incurred from them freezing your account.

I would do this first thing Monday morning.

[jhammar]

Scott,
Thank you very much for the advice, this is very helpful information.

Yes, a large portion of the claimed suit was for an oil deliver prior to their deaths.

It's not that I am attempting to delay or stall anything, All I am trying to do is get them to go after the right person, grandparents estate.

Could you advise if I am wrong on this:
Outstanding bills due by my grandparents should have been handled when the estate was in probate?

My feeling is that if money owed to this co, and from the statement they gave me this week (after I found out about the levy) There is a small amount owed that they should be paid. Not by me but by my grandparents estate.

I have explained this to the oil co. and made the proposal that I would deliver a check for the amount owed to them for services received that was outstanding + reasonable interest (don't really feel that this should be done since they did not make proper attempts to collect but trying to make a good faith gesture) from the recipient of the estate money (my Mom). On the contingency that they 1.) reversed the action against me and released the levy. 2.) made any restitution for the personal money damages that I have encountered as a result of the levy (overdraft fees). 3.) Copies of letters sent by them to credit reporting agencies to have this derogatory judgment removed from my record.

Does this sound unreasonable? Basically the feeling I got from them was we have our money so why would we do anything to help you?

I hope that the "malicious prosecution suit" is not a direction that I have to go but knowing that there is this option is great! Guess I'll be going to the court house Monday AM.

Thank you very much again.

[ScottGem]

First, file a motion to vacate the judgement on the basis of improper service and that this isn't your debt. When a writ of attachment is served on a bank from a judgement, the money is not taken out immediately. The account is just frozen given the account owner time to fight it. So they do not have their money, and once the judgement is vacated, they won't have it. When (notice not IF) the judgement is vacated, you ask the judge for a cancellation of the writ of attachment and bring that to the bank to free up your funds which you withdraw and place in a new account in a new bank.

Now you are dealing from strength. I don't think you should have made that proposal, at least not without your mom's consent. Frankly, I would say to the oil company that when they first approached you in 2003, you advised them, correctly, to submit their claim to the estate. Since they did not do so and, incorrectly pursued you, they missed the boat. I can't imagine a judge agreeing they have a claim against you. That's why, In my opinion, they fudged the service so they could get a default judgement.

But if you want to honor the agreement you offered, do so from the strength of having the judgement vacated first.

[JudyKayTee]

I am having difficulty with the service issue - I am not aware of any State which allows the Plaintiff to serve the Defendant by mail. The Court, yes; the Plaintiff, no.

I own and operate a process service company.

What State and what Court? Small Claims? Superior?

[jhammar]

I am having difficulty with the service issue - I am not aware of any State which allows the Plaintiff to serve the Defendant by mail. The Court, yes; the Plaintiff, no.

I own and operate a process service company.

What State and what Court? Small Claims? Superior?

Connecticut, Bridgeport, Small Clains.

I was told that approx 12 years ago a law was passed that regular mail was okay for notifaction, Certifed mail did not even need to be used.

Besides that I had given the creditor information on the correct address to use and they claim that they sent me copies of the statement to that address back in 2003. Why they would go to a credit report in 2007 and use an older address is beyond me.

[JudyKayTee]

And here is the problem. You said: "2.) What I was told by the creditor / oil co. was that they mailed, not certified mail, notice of the suit to an address (that I had not used in 5+ years) and that since it was not returned the assumption was that I had received it and that this was standard procedure. If it had been returned, a marshall would have issued the summons. "

Providing an incorrect address to the Court (which perhaps the Plaintiff did) is VERY different from the PLAINTIFF mailing you notification of a law suit. Small Claims Court IS allowed to serve by mail - if the mail is not returned, it is presumed to be delivered. You clearly stated that the oil company sent you notification of the lawsuit and it does not appear that that is the case.

I am not certain that your understanding of what happened is correct.