my dad didnt pay his bills and owes about 14k in debt. today a sheriff and someone else maybe a lawyer came over to my older brothers house to serve a subpoena. my brother has the same name as my father except he is junior and my father is senior.
why would a sheriff and someone else go to my brothers house and not my fathers house when the collection agency and bill collectors know where my father live since they send all the bills over to my fathers address?
why would a sheriff serve the subpoena or come along to serve a subpoena? does this mean my father could go to jail if he doesnt pay his bills? i thought the worst that could happen if someone doesnt pay their bills is wage garnishment?
what happens when my father goes to court for the subpoena?
2007-09-29 18:03:34 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
This all very odd. They serve at the residence that is originally listed on the bills. Who in the first place told anybody, the original company or a debt collection company your brothers address in the first place? Does the paperwork say senior of junior.
Your dad needs to go to court as he will be judged guilty for the amount and maybe more if he doesn't yes he could claim he was not served but that might be hard to prove.
Even if he does your brother needs to call the attorney or company that is sueing your father. He needs to find out what address is associated w. the debt. He needs to find out was social security number is associated with it.
Here's why. They have already messed up. So your father is judged to owe. It could get messed up and it may be logged that it is actually your brother that now owes it. It could go on his credit regardless and good luck sorting that out. If there is a mixup your brother could find HIMSELF garnished. It can be fixed but will be a hassle all of the way around.
Depends on what the letter says and if it says Sr. He should actually send a notarized and certified letter to the attorney (free or say $12 at the bank) saying it is not his debt. A scan of his ID would help as well. Write across the front of the license picture "page 2 of 2" lightly across it. Copies of course.
He might not feel this is necessary but no matter what the attorney says he should do it. If dad says "he took care of it"........ that is not the point. Demand a letter from the attorney saying it is not his debt. The attorney will be concerned as he knows that technically he has not served it to the right person. This will cost him time and money.
With this in hand he will easily take care of any credit issues..... and credit is king in all like car insurance, credit rates and all.
Your father is not going to go to jail as it is not 19th century England. It is in the constitution that you cannot be jailed for this in the US. They may garnish wages of course. They may freeze any bank accounts. If he is broke bankruptcy might be an option. A lawyer (not a stupid credit repair place) might be able to settle the debt for half. Depends on details though.
2007-09-30 04:36:43 · answer #1 · answered by jackson 7 · 0⤊ 0⤋
I don't think your father should go to court . He was not served right ? Sounds like your brother was served ?
If this is the case the process service was not valid. They will all go to court win / get a judgement and might be able to start garnishing wages. When that happens, Dad should go to court and say he was never served . They will stop garnishing wages he will win. He could bring a witness that says he was not there at that time/day. Also they will record height / weight / age. Your dad will obviously not match what they have on record.
YOur dad could try to settle the debts . offer payment in full for 1/2 ??
2007-09-30 01:42:16 · answer #2 · answered by Mildred S 6 · 0⤊ 0⤋
The sheriff is often the neutral party hired to serve process.
You don't go to jail in the US for merely owing money.
You serve a subpoena anywhere you think you will find the person.
If you father goes to court and it is shown he owes the money, he will have to pay it or have his pay garnished or his assets taken and sold.
You do not a situation.
Your dad has a situation.
2007-09-30 02:22:59 · answer #3 · answered by raichasays 7 · 0⤊ 1⤋
There was no valid service of notice of the debts because the subpoena was served on your brother. Personal service must be made to your father. Thus, there is an irregularity on the process which could be a ground for your father to be notified of the proper amount of his debt.
2007-09-30 01:12:18 · answer #4 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Not sure why that would take it to your brothers house unless they were confused because of them having the same name. I'm sure all they will do is garnish his wages.
2007-09-30 01:09:52 · answer #5 · answered by Ashley 6 · 0⤊ 0⤋