Jump to content

Summons left in Mailbox

Recommended Posts

I found a summons in my mailbox on top of my regular mail stamped with the with message, Delivered this 10th Day of March 2007 by Professional Civil Process.

The Lawsuit by Asset Acceptance was filed on Feruary 27th and according to the summons I have 20 days after being served to respond. Since today is obviously more than 20 days after the 10th of March and more than likely there has been a default judgement issued against me what are my next steps.

I had previously requested validation of the debt from Asset and received the name of the Creditor and the amount owed on their letterhead.

According to my credit report the Charge off occured in June of 2003. it list the debt with Asset as of February 2007 and on the summons shows purchased by Asset in March 2006 and the date of deliquency as October 2003.

I found out they had filed a lawsuit in late March because of all the letters from attorneys wanting to help me file Bankruptcy and called the courthouse and was told it had been filed and I would receive a summons from a process server and I could then respond to the lawsuit or contact Asset to resolve it.

Tomorrow I will contact the courthouse to find out if in fact there has been a default judgement, but what can I do about it and Asset.

Link to comment
Share on other sites

You need to start working on your response and your defenses... maybe even a few counterclaims.

Contact the OC to get the original amount and the DOLA.

When and if a judgment is entered against you, your county clerk will send you a notice. In the meantime, go to the county clerk and get a copy of the affidavit of service.

In most cases, they have to deliver the complaint to you in person. Otherwise, they have to say who they left it with and the person receiving it cannot be a minor (under 16, I think). Taping it to your door or leaving it somewhere else can be done ONLY with court's permission.

When you file your motion to vacate the judgment for want of service, you need to be prepared to present your response and defenses to the judge. Otherwise, he/she might just rule against you.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.