indeepdodo Posted March 6, 2007 Report Share Posted March 6, 2007 Speaking with a person about the fact I may be taken to court over a disputed debt and he told me to "avoid service at all costs". I was afraid to appear stupid:cry:so I did not ask what he meant by that. Does he mean to hide if someone comes with papers taking me to court?Sorry for my ignorance. I hope you'll at least get a good laugh at the question! (I'm really not sure exactlly what he meant. ) Link to comment Share on other sites More sharing options...
the aussie Posted March 6, 2007 Report Share Posted March 6, 2007 Speaking with a person about the fact I may be taken to court over a disputed debt and he told me to "avoid service at all costs". I was afraid to appear stupid:cry:so I did not ask what he meant by that. Does he mean to hide if someone comes with papers taking me to court?Sorry for my ignorance. I hope you'll at least get a good laugh at the question! (I'm really not sure exactlly what he meant. )Not sure where the individual who gave you that information went to Law School, but yes, that is exactly what they meant. Some folks think that if you can't be served, the matter will just go away. There are lots of folks here that will tell you differrent. Lots of judgements have been placed even without proper service...then it is up to you to try and vacate it......Ignoring a suit will not make it go away...and hiding from the process server is no way to live. Better to get educated and face the issue head on.....there is no debtors prison, so what is the worst that can happen by takeing care of the issue???? Link to comment Share on other sites More sharing options...
divemedic Posted March 6, 2007 Report Share Posted March 6, 2007 Attempting to avoid service is stupid and won't work.1 Avoiding service tolls the SOL. See 95.051 here. Which says (in part)95.051 When limitations tolled.--(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by: <snip>© Concealment in the state of the person to be sued so that process cannot be served on him or her.2 There may be other ways of serving you- see "alternate service of process" Link to comment Share on other sites More sharing options...
elyse449 Posted March 6, 2007 Report Share Posted March 6, 2007 Speaking with a person about the fact I may be taken to court over a disputed debt and he told me to "avoid service at all costs". I was afraid to appear stupid:cry:so I did not ask what he meant by that. Does he mean to hide if someone comes with papers taking me to court?Sorry for my ignorance. I hope you'll at least get a good laugh at the question! (I'm really not sure exactlly what he meant. )I agree w/ the others, handle this straight on. I will say though, that if this debt is disputed MAKE SURE you've sent them said dispute in writing via CMRRR and retain copies of EVERYTHING. Send this dispute to ALL parties in the action (Collection agency, original creditor, etc), send a request for validation. Send in your dispute w/ ALL three credit bureau's as well. DO THIS ASAP if you haven't already. While it may be too late in some cases, oh the heck well--it will show why you haven't paid the item in dispute. If it's a large enough amount, consider hiring your own attorney.Good luck and remember...this too shall pass.Elyse Link to comment Share on other sites More sharing options...
indeepdodo Posted March 6, 2007 Author Report Share Posted March 6, 2007 Yeah I thought that's what he meant. I want to face this situation head-on. I asked for validation, received a typical form letter back. Wrote back asking for validation from the original creditor. Just received an old bill and what appears to be something with my signature on it. (I would imagine the original contract but the copy is terrible and I can't read it.) Now it is SOL in mid-April but I think I've burned all my bridges. Guess I'll have to face pay the piper! I really thank all you guys (and gals) for all the info I've gotten over the past month or two! What a wealth of information! Thanks again. Link to comment Share on other sites More sharing options...
the aussie Posted March 6, 2007 Report Share Posted March 6, 2007 "Now it is SOL in mid-April" If it goes out of statute in April....I would go a different route. Respond to every letter they send you (CMRRR) with another letter. Request a better copy of your signature...then request an explanation of the amount...then, well you get the idea. Stalling for three weeks is doable...check daily with your courthouse to see if a case has been filed....Then when it goes sol....meet them in court Link to comment Share on other sites More sharing options...
indeepdodo Posted March 7, 2007 Author Report Share Posted March 7, 2007 Wouldn't they have to notify me that they are taking me to court?I will send a certified letter asking just what you suggested. Thank you. Link to comment Share on other sites More sharing options...
myscoresawful Posted March 7, 2007 Report Share Posted March 7, 2007 I never received any type of notification from Crap One that they were taking me to court.I came home from work one day and found the summons to appear on top of my refrigerator. The guy who was working on our plumbing that day, told me that a guy had "dropped them off, yesterday" and told him that he needn't sign anything.So I believe "dodging the delivery guy" is a moot point. Link to comment Share on other sites More sharing options...
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