freefall Posted October 24, 2004 Report Share Posted October 24, 2004 I avoided a michigan process server twice, he tried to leave it with my wife, but she would not accept it. What happens when they cannot find you, do they have other options to give notice to you??SSt Link to comment Share on other sites More sharing options...
CRDTNogood Posted October 24, 2004 Report Share Posted October 24, 2004 I believe they can publish it in a paper. They will most likely conduct "sewer service", claim they hand delivered to you or sub service to John Doe, 30-40 y/o, 6'0". They'll get a default judgment. You'll get mailed the judgment, and then you file to vacate judgment alleging improper service. If granted you get a new court date from the court. Then you have to show up.Long story short, don't dodge service. It doesn't just go away. Deal with the problem and start preparing your defense. Link to comment Share on other sites More sharing options...
DocDon Posted October 24, 2004 Report Share Posted October 24, 2004 In Michigan, the court may permit service of process to be made in any other manner reasonably calculated to give the defendant actual notice of the proceedings and an opportunity to be heard, but it has to be done by court order. Here's the link to service of process rules by state:http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=3959 Link to comment Share on other sites More sharing options...
ghacorp Posted October 30, 2004 Report Share Posted October 30, 2004 In many states process servers only need to leave the summons with anyone who answers the door. They need only a first name or a description of the person or circumstances and they're good to go. Most people would have a tendency to not accept and the courts know it. In small claims, it gets even worse. Speaking for Delaware all that needs to happen is notice being sent Certified Mail. Default judgments are awarded even on unclaimed or even misdelivered mail! Debt buyers are more commonly suing for smaller amounts in small claims courts because they have incredible chances of prevailing. Link to comment Share on other sites More sharing options...
freefall Posted October 30, 2004 Author Report Share Posted October 30, 2004 The two times I missed the process server, I was on military status(Reserves) and was out of town. The server left me his card and I called him to explain my situation. He stated that he sent the summons back to the collection agency(Lawyer) because it was about to expire. I sent a DV to the agency also with a note that I will soon be deployed and would file for protection under the Servicemembers Relief act if needed, will attempt to settle debt, ($2700 with Citibank). Link to comment Share on other sites More sharing options...
Leadhead Posted October 30, 2004 Report Share Posted October 30, 2004 Debt buyers are more commonly suing for smaller amounts in small claims courts because they have incredible chances of prevailing.Although most states don't allow a CA to file in SCC.This practice needs to be nipped in the bud. A quote from a Wall Street Journal Article states:"The consequences of small-claims court is the same as any other court, and now [a company] has the full panoply of remedies to collect," says Richard Alderman, director of the Center of Consumer Law at the University of Houston Law Center. Because conventional courts typically have more safeguards for defendants, he adds, debt-collecting companies should be forced to file their suits there, "before we start garnishing wages, taking away property, and doing things on a wholesale manufactured basis." The whole article is at:http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=21579 Link to comment Share on other sites More sharing options...
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