lolah Posted February 8, 2007 Report Share Posted February 8, 2007 Can a summons be delivered to an old address? What if you no longer live there? What if you never actually receive it? Link to comment Share on other sites More sharing options...
willingtocope Posted February 8, 2007 Report Share Posted February 8, 2007 Delivery of a summons is a state by state thing. In some states, they can just "nail it to the door" and you're assumed to have received it.Check the laws for your state. Link to comment Share on other sites More sharing options...
lolah Posted February 9, 2007 Author Report Share Posted February 9, 2007 Okay, what if it's in a different state? Which laws do I need to check? Link to comment Share on other sites More sharing options...
willingtocope Posted February 10, 2007 Report Share Posted February 10, 2007 Both, actually. And, if what you're saying is that you were sent a summons in a state in which you no longer live, then it gets even more complicated. As long as we're not talking about a federal charge of some sort, then if they send you a summons for say NY and then got to court in NY and get their summary judgement (because you don't show up) then they have to turn around and transfer that judgement to the state in which you now live.Some states make "foreign judgements" easy...others don't. You'll have to check the laws... Link to comment Share on other sites More sharing options...
lolah Posted February 10, 2007 Author Report Share Posted February 10, 2007 The summons was for two bank accounts that were overdrawn (I think). There are no judgements on my credit report yet and I don't have a copy of it. So, I don't even know who to contact. My brother accepted it and I never got a copy. Link to comment Share on other sites More sharing options...
kevin3344 Posted February 10, 2007 Report Share Posted February 10, 2007 (edited) Usually if an adult accepts that is considered service (especially if it is the last known address). I would contact the county clerk of the court for old address and get a copy of the judgment. If you're in another state, they may try to domesticate it. If you see a summons in your new state, answer it! Do not let them win by default because most courts do not allow judgments from other states where there are defects in process of service. And I would certainly say that I was never served in your case.Bottom line is this: the judgment was probably filed in the last county you lived in (where your brother accepted). Call the county clerk and get a copy.________WATER BONGS Edited September 9, 2011 by kevin3344 Link to comment Share on other sites More sharing options...
lolah Posted February 10, 2007 Author Report Share Posted February 10, 2007 If you're in another state, they may try to domesticate it. .What does that mean?And I would certainly say that I was never served in your case. Wouldn't I be hanging myself by admitting that I know about it?Bottom line is this: the judgment was probably filed in the last county you lived in (where your brother accepted). Call the county clerk and get a copy. That's exactly what happened...only I never saw it. Once I get a copy, then what?Thanks! Link to comment Share on other sites More sharing options...
kevin3344 Posted February 10, 2007 Report Share Posted February 10, 2007 (edited) Domesticate: transfer to your state.You cannot get into trouble for checking on a judgment. A judgment is public information. If there is one, you're already toast. You have to work to get it vacated, dismissed or pay it for 'satisfaction of judgment'. If there isn't one, you would certainly want to know that. Either way, finding out about it will help you determine how you want to proceed.Once you get a copy you can work to have it removed or work out a deal with the plaintiff to get it paid. Better yet if you find you have one hire a lawyer. A lawyer will know more about the law and how to handle it. Most initial consultations are free.________Jacqueline_Devereux live Edited September 9, 2011 by kevin3344 Link to comment Share on other sites More sharing options...
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