I owed a CC debit. I had every intention of paying it back. but they sold it to debt chaser. Who has since sued me. They claim to have served me, but I had no idea this was happening. What can I do now?
2007-04-26 13:52:56 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
1. Step one: go to the courthouse and have a copy made of every paper in the court file.
2. Step two: read the declaration filed by the process server.
3. Step three: see what you might have that would show you were not served where and when the process server claims. Were you at work that day? Is the address wrong?
4. Step four: try to find an attorney to represent you or at least help you prepare a motion to set aside the default.
You might qualify for Legal Aid. There might be a law school near you that has a clinical program where students help on cases. Call the Bar Association for your county and see if they have a referral service and if it has a panel of attorneys who take cases on a sliding scale of payment.
5. Step five: Whether or not you have gotten an attorney, file a motion to set aside the default on the grounds you were not served. Please note: There is a set format for motions, there may be technical requirements for how declarations are worded, whether legal precedent has to be cited, etc.
Often there are strict time limits on when such a motion may be filed. That is your state may require the motion be filed within a set number of days or months from when the judgment was entered, and/or a set number of days or months from when you found out about the judgment.
Step six: Be prepared for being served with the complaint when you are at the courthouse arguing the judgment be set aside, or the court conditioning setting aside the judgment on you being deemed served. You would then have a limited number of days to file an answer.
Step Seven (or Step One): Decide if you have a defense to the action, and if you do, how good a defense it is. Compare the time, expense and hassle of filing the motion to set aside and then having to go to trial against the likelyhood, if any, that the end result will be any better than what you have now -- a judgment against you. It is, in fact, possible that the end result could be worse, as your contract with the credit card issuer may allow the court to award attorneys' fees against you. Attorneys' fees for a contested trial will be larger than what the court awarded for the default.
2007-04-26 14:28:24 · answer #1 · answered by shoshidad 5 · 1⤊ 0⤋
You can go to the courthouse and ask the clerk to show you the document and signature of the person you claimed served you. Then you have to challenge service and ask that the case be reopened because you were never properly served.
I would consider getting an attorney...this is very complicated civil procedure and it will be hard to win without one.
2007-04-26 16:05:39 · answer #2 · answered by Dr. Luv 5 · 1⤊ 0⤋
They should have some proof of service. Unfortunately, the best remedy is to counter-sue. The best advice is to talk to a lawyer. Many law offices have free or cheap consultations prior to taking on a case. There are also online legal forums that answer questions free.
2007-04-26 13:59:41 · answer #3 · answered by goniff 2 · 0⤊ 1⤋
Pay it off. There is little or nothing you can do but negotiate a settlement. Getting a lawyer is only going to cost you more. (I'm assuming its not that much). They are going to nail you for legal fees, processing, and so much more. Its ugly; negotiate a pay off and make it go away.
2007-04-26 13:57:54 · answer #4 · answered by netjr 6 · 0⤊ 0⤋