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served in absence


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I no longer live in the USA but I use a friend's address for mail which is passed on to me. My friend just signed for a letter from a lawyer representing CACV regarding an outstanding debt. In it is a notice of arbitration and a case file number, etc. Do I get her to send it back to them sealed as "not known at this address" or do I need to respond? As far as I am concerned I have not been served. I don't intend to return to America to live again and I have made this clear to various lawyers representing CACV (there is some valid argument the last lawyer did not correctly validate.) Are they just bluffing? Or can they get a judgement against me without me being correctly served? (I thought not.) Is it in my interest to make a response to the court anyway? They have nothing to garnish as I have no property, assets, bank accounts or anything. Any advice gratefully receved.

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All states have a procedure to serve someone who can't be personally served for whatever reason. It can range from a legal notice in the classidfied section of a newspaper in the last known county of residence to a letter to the last known address. So, it's sure possible to be served and a default judgment placed against you and be perfectly legal.

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Thanks, Bingo. Given that I don't live in America and could not appear, should I still respond to the notice, explaining this? (It's also a Delaware court and my address was New York) From what I understand from other posts at other times they cannot come after me in another country (hence why creditors are always loathe to lend or issue credit cards to foreigners.) If I don't respond and judgement is made against me, could I get it vacated later on these grounds? I don't ever intend to live in America again and have no ties or assets there but I do itend to visit. I'm worried about a criminal order going out against me for not appearing in court - complicating my entering the country. Or is this too paranoid? (I was a victim of 9/11 and lost everything which is why I defaulted and absolutely cannot afford to repay any of the debt - I have made this clear all along. Would they really take me to court knowing there can be no result for them?)

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<blockquote>Originally posted by madfish

Thanks, Bingo. Given that I don't live in America and could not appear, should I still respond to the notice, explaining this? (It's also a Delaware court and my address was New York) </blockquote>

Is this you or different poster? http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=4&thread=3642

[Edit by Swede on Tuesday, March 4, 2003 @ 07:54 AM]

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