A sheriff served me today with some civil papers from a past debt back in college. The sheriff didn't sign the paper upon delivery and the law suit is not very intuitive.
1. Am willing to pay the bill, but not sure how to handle the situation - never been sued before.
2. Not a lawyer but i believe the lawyer filed improper papers after i need some research - I'd like to try an get this knocked out by counter suing on those grounds.
Any ideas/advice will be appreciated.
2007-12-11 05:12:05 · 6 answers · asked by Dede 1 in Politics & Government ➔ Law & Ethics
All you'll accomplish is getting the summons thrown out and further adding to the costs you'll owe when they re-do it; assuming you know more law than the person who drafted it.
Make payment arrangements.
2007-12-11 05:16:57 · answer #1 · answered by wizjp 7 · 0⤊ 0⤋
Best bet is to contact the lawyer and ask him if he'll accept a payment plan, or a settlement.
If not, you go to court on the date on the summons, and try to persuade the judge that, in fact, you don't owe the money.
A counter-suit is filed when the defendant - you - claims that in fact the plaintiff owes HIM money, not the other way around. You don't file a counter-suit because you think there's something wrong with the papers the plaintiff filed.
If you think the plaintiff filed the papers wrongly, then you file a motion to dismiss. Remember, though, that nothing stops the lawyer then correcting any errors in the filing, and refiling the case.
The sheriff doesn't sign the summons when he gives it to you. He signs the copy that he keeps, and gives it back to the court to show that he actually served it.
Richard
2007-12-11 05:16:21 · answer #2 · answered by rickinnocal 7 · 1⤊ 0⤋
You should speak with a lawyer in my opinion. The last thing you want to do is make a payment that does not fulfil your obligation and have them come back for more money later. You will want to ensure your are coverned completely and the settlement is final before you pay any money towards a settlement.
2007-12-11 05:17:14 · answer #3 · answered by HokiePaul 6 · 1⤊ 0⤋
Pay the money to the person you owe it to.
2007-12-11 05:16:17 · answer #4 · answered by Dirty Dave 6 · 0⤊ 0⤋
Here is an idea.....If you owe the bill pay it...that's the responsible adult thing to do.
2007-12-11 05:43:44 · answer #5 · answered by malter 5 · 0⤊ 0⤋
Pay the money and get a receipt.
Done.
2007-12-11 05:18:34 · answer #6 · answered by cherokee_jack 4 · 0⤊ 0⤋