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Served With Two Summons Today Desparately Need Advice


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Hi, I was served two summons from the sheriffs office today and I would really appreciate any advise as to how I should procede. One summons was from an lawyer assignee of the OC, the other one was a lawyer that included two bill of sales where my original account was sold to the different CAs. Should I begin by sending out some sort of DV letter? Then do I need to answer the court with some form of paperwork also? Sorry but I am really confused and do not understand how this process works. If they do receive judgements what assets can they seize/collect? Can your house and cars be sold or can they only get a lien against your assets IF they are ever sold? Thanks for your help.

Maekenzie

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Thanks for your advise Blacksurfer I really appreciate it. I also had another question maybe you can help me with. I live in Georgia and I am now worried about other creditors serving me? If they are unable to serve me can they still get a default judgement against me? Thanks so much for your help.

Maekenzie

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You must be properly served. Each State is different. I'm going thru a lawsuit where I was not properly served by a process server nor a sheriff deputy and the court is getting ready to dismiss it unless they serve me by a certain date.

The key here is to learn your rights. Make sure the debt is in the statute of limitations for your states. Make sure they "validate" the debt. I've learned so much in the past three weeks that I'm fighting my case myself. If push comes to shove at the last minute I will file BK to avoid wage garnishment or a lien on my house.

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maekenzie,

The answer is YES, judgments can still be awarded if service cannot be completed. State laws vary, but if the Plaintiff can show probable cause service of process has been eluded a judgment in default can be rendered. Some courts will allow defaults for unclaimed certified mail and others if published in some obscure local newspaper.

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