I'm being sued for an unpaid, unsecured credit card debt which I dispute. The collector is taking me to court in a civil action against me, and in doing so taped the full summons to my front door for the world to see....no courtesy of an envelope for privacy. It was obviously an effort to embarass me, which it actually doesn't, but I am wondering if I have recourse of any type.
2007-09-21 05:20:00 · 6 answers · asked by coolstyling 1 in Business & Finance ➔ Credit
I'm not sure what kind of "recourse" you are looking for, but more than likely the answer is no.
First, the Summons and Complaint was likely served by a licensed process server. Any recourse as to the means of Service would be against them, and at most they would be reprimanded and the service thrown out by the judge. The Creditor would not be liable for their actions, and so the legal action against you would still be valid and due.
Since you indicated that this was a civil action, it might be in your best interest to move past the service issues, and look at making sure your Answer is filed in a timely manner. Don't forget that if you don't have your response filed with the court by the time indicated, your plaintiff can file a default judgment.
Good luck.
2007-09-21 06:10:20 · answer #1 · answered by haggamuffn 2 · 0⤊ 0⤋
the entire court proceeding is a public record and was reported in the local newspaper.
No. the action attempting to deliver the summons is reasonable.
There may be some question as to whether the delivery of the summons is provable in court AND, since I'm not an attorney, I'm not qualified to comment further.
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2007-09-21 12:26:26 · answer #2 · answered by Spock (rhp) 7 · 0⤊ 1⤋
I hope you took a picture, if nobody signed it, technically
you haven't been served properly and you can mention
that when you show up in Court (Show up or they win
by default and then you need a lawyer). Tell the Court
you disputed the debt and asked for validation and have
yet rec'd validation, and they placed he judgement
against falsely according to the FCRA and you can
sue them back
www.creditinfocenter.com
2007-09-21 12:37:32 · answer #3 · answered by Anonymous · 0⤊ 1⤋
If you don't answer the letters and they cant put it in youre hand the marshalls are forced to tape it in a cospicuous place, and of course your neighbors will see it. They come in 2 marked suv's and are wearin uniforms and guns
2007-09-21 12:40:03 · answer #4 · answered by frank 5 · 0⤊ 1⤋
I specifically request that my process server put the notice in an obvious place. Then the deadbeat can't say they didn't find it, or the usual excuses. I would guess that the collector did not post the summons, but a process server did the deed. It's embarrassing, but totally avoidable by paying your damn bills.
2007-09-21 12:26:56 · answer #5 · answered by monkey tuesday 3 · 0⤊ 3⤋
Yep, they notified you.
2007-09-25 10:53:58 · answer #6 · answered by Anonymous · 0⤊ 0⤋