karnoir

was i served?

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1. Who is suing you? BLATT HASENMILLER F L

2. For how much? 6000

3. Who is the original creditor? MBNA

4. How do you know you are being sued? They visited my parents home in chicago were used to live 2 months ago. Now i live in las vegas nevada

5. How were you served? Were you served? that's the question. My father told the sherrif that no such person lives here. They asked him his name and age and left a piece of paper with my dad. My father did not admit that he is related to me.

6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent me to NAF. I disregarded all the letters

7. Where do you live? Since june 2007 in Las vegas

8. When is the last time you paid on this account? nov 2005

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).Case has been filed on 8/2007

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have disputed with CRB only. 2 deleted 1 verified.I have disputed with CRB only. 2 deleted 1 verified.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. no

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? no idea. My father will send the documents to me

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?waiting on papers

14. What is the SOL on the debt? To find out: 5 in illinois, 4 in nevada

Was i served? They just left the papers with my father. I was never served in person and i don't live there anymore (they just don't know that). Should i wait for default judgement and vacate it in nevada?

I read that if they can't serve me in person in 6 months then the case has to be dismissed. http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=261475&highlight=served+illinois

But i can't verify that anywere.

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try and find out the court website for the state in which you were served. They probably have instructions on how to serve a summons. read the instructions and make sure they followed all the rules. Every state is different.

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This is illinois serving law

735 ILCS 5/2-203. Service on individuals.

1. Except as otherwise expressly provided, service of summons upon an individual defendant shall be made:

A. by leaving a copy of the summons with the defendant personally,

B. by leaving a copy at the defendant's usual place of abode, with some person of the family or a person residing there, of the age of 13 years or upwards, and informing that person of the contents of the summons, provided the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the defendant at his or her usual place of abode, or

C. as provided in Section 1-2-9.2 of the Illinois Municipal Code with respect to violation of an ordinance governing parking or standing of vehicles in cities with a population over 500,000. The certificate of the officer or affidavit of the person that he or she has sent the copy in pursuance of this Section is evidence that he or she has done so.

2. The officer, in his or her certificate or in a record filed and maintained in the Sheriff's office, or other person making service, in his or her affidavit or in a record filed and maintained in his or her employer's office, shall:

A. identify as to sex, race, and approximate age the defendant or other person with whom the summons was left and

B. state the place where (whenever possible in terms of an exact street address) and the date and time of the day when the summons was left with the defendant or other person.

Any person who knowingly sets forth in the certificate or affidavit any false statement, shall be liable in civil contempt. When the court holds a person in civil contempt under this Section, it shall award such damages as it determines to be just and, when the contempt is prosecuted by a private attorney, may award reasonable attorney's fees. (Source: P.A. 88-340.)

I guess i was served with 1 B.

But I don't live there (moved to las vegas 2.5 months ago), and the server was told that i don't live there anymore. Yet he still left the summon.

On the court website it just says that the suit was filed 8/1/2007.

So my question is was i served or will they keep looking for me.

If i was served should i wait for them to get a judgement and then vacate it where I live?

Please help

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Send the court a letter specifying that you live in Vegas, and that they do not have jurisdiction over you, and request dismissal on those grounds.

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this is what shows up on the circuit court webpage under my case number:

9/6/07

SUMMONS SERVED - SUBSTITUTE SERVICE

Do I wait for them to get a default judgement and vacate it in Nevada

Or

Do I send a letter to court and tell them that they have no juristiction.

By the way, the lawsuit was fuiled on 8/1/07 and i move to Las vegas on 7/1/07. I was employed in july so i have proof that i moved. Will I have any problems establishing my residency in nevada?

How would i write a letter to a court to dismiss the case based on lack of juristicion?

Thanks

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my opinion, you should check how long do you have to live in Nevada in order to be established as a resident there. I took a business law class recently(not an expert) but from what i read. jurisditcion can be transfered from one state to another via the court system. court jurisdiction and police jurisdiction are two sperat animals.

:cool:

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Send the court a letter specifying that you live in Vegas, and that they do not have jurisdiction over you, and request dismissal on those grounds.

That's exactly what I would do.

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You would have to. One thing at a time.

Of course, the CA would then have to prove that he is licensed to collect in the new state.

At least the court will be in his backyard, instead of halfway across the country.

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so i called the court clerk of cook county and here's what they told me:

I can't send a letter to court, i have to show up.

when i asked what i'm supposed to do....they simply said get a lawyer.

So much for that.

So my only choice is to wait for summary judgement in illinois and then have it vacated in nevada?

Also i don't have a nevada state id yet, nor a nevada drivers license. The only way i can't prove that i didn't live in illinois while the law suit was filed is by providing documents that i started working in las vegas three weeks before the lawsuit was filed.

that should be enought to get the judgment vacated base on lack of juristiction right?

And I can't defend my self in illinois right.

Thanks for your help guys

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Your suppose to get a new ID/License after so many days when you move to NV. I would get one asap. If you had gotten one in June when you first moved there, you would have been able to prove easier that you were not in IL. It appears from the amount, this is not a small claims case, so pro se is not recommended, least IMHO. The SOL will not be a defense, so it will just come down to...if you get it vacated in IL, they will just refile in NV if they can and you will ultimately have to settle (with mediation possibly if not before). I scanned through your post and it looks like they will get a judgment or a win in either state. I would try and work something out with them.

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so i called the court clerk of cook county and here's what they told me:

I can't send a letter to court, i have to show up.

when i asked what i'm supposed to do....they simply said get a lawyer.

So much for that.

So my only choice is to wait for summary judgement in illinois and then have it vacated in nevada?

Also i don't have a nevada state id yet, nor a nevada drivers license. The only way i can't prove that i didn't live in illinois while the law suit was filed is by providing documents that i started working in las vegas three weeks before the lawsuit was filed.

that should be enought to get the judgment vacated base on lack of juristiction right?

And I can't defend my self in illinois right.

Thanks for your help guys

If you have a lease, that should be enough to prove to the courts that you didn't live there. IMO, what I would do is send the Plaintiff a certified letter informing them of your new residences and tell them that IL no longer has jurisiction over you. If tell them they will need to bring the case to NV. If they follow thru on a trying to get a default judgment on you still it won't be hard for you to vacate and it will not look good for them.

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