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Rvalanta · Dec 14, 2012, 10:20 PM

I was served papers by someone from the court house. I did not sign anything and the papers don't have a court date.. they r from a collection agency what do I do?

dontknownuthin · Dec 15, 2012, 01:01 AM

Well, you need to read the papers and see what they say. They should spell out exactly what is happening. There should be some type of Notice attached to them (normally a Notice of Motion or Notice of Filing) which will tell you what's going on. If it mentions a court date, you need to show up at court at that time and date to defend yourself against whatever you are accused of - apparently not paying a debt in this case. If you do not go, they can and probably will enter what's called a "default order" and could order that you pay the original debt plus additional costs like the attorney fees for whomever is bringing you to court.

You should talk to a lawyer. Most will meet with you once for free. If you can hire someone to go to court with you, that would be best.

dontknownuthin · Dec 15, 2012, 01:10 AM

Sorry - I just realized that you said that there's no mention of a court date. Is there a "petition" or "motion" mentioned or a "notice of filing?" If there are things of this nature, that would mean that the creditor has filed documents with the court, in anticipation of suing you to collect the debt.

Otherwise they might have used a process server so that they can prove later in court that they sent you whatever they sent - a final notice of collection, for example. That could just be a warning that if you don't pay up, they are going to court next.

You do NOT want them to take you to court because then you can also be held responsible for paying their court costs and attorneys, which can be more than the original debt sometimes, plus late fees, interest and so on. Your best bet is to negotiate terms to repay them what you owe. Most creditors will work with you if you make any reasonable effort to pay the debt, such as making smaller payments over a longer period, but once you enter into a payment arrangement, you have to send the agreed amount on time every time.

If you are up to your neck in bills you can't pay, and assuming you are in the US (I don't know), you can also go see a bankruptcy attorney. A bankruptcy is sometimes the best option because you can be forgiven for debts you cannot pay, and the creditors have to leave you alone. It hurts your credit for several years, but no more so than having a bunch of unpaid bills and being sued, etc. It might be worth just going to talk to a bankruptcy lawyer to find out what your options are - you don't have to go through with it if it turns out not to be what you want to do.

AK lawyer · Dec 15, 2012, 08:23 AM

Originally Posted by Rvalanta;

I was served papers ... and the papers don't have a court date ... what do I do?

Read the papers.

Were you served a summons and a complaint? The summons normally would say that you have so many days (typically 20) in which to file an answer with the court. That is what you should consider doing.

A court date might be set at a future time, depending on the procedure of the particular court, and assuming you do what the papers say to do.

JudyKayTee · Dec 15, 2012, 10:26 AM

I'd like to know specifically what the papers say and what "served from the Courthouse" means. I've been seeing paperwork prepared by collection agencies which is a warning that if a bill isn't paid the matter could be sued. They look official, but there are no dates, no index numbers. In some States served papers must have an index number.

Where is this?

Also, in my area Attorneys are no longer doing "one visit free."