Freedman anselmo etc... suing me unusual problem

[Frank]

Back in summer 07, they sent me a claim for a CC debt which I believe is past SOL. So within 30 days I sent a DV letter. They sent back a letter not validating anything in fact they sent back a letter asking me to sign all kinds of crap about indentity theft. Now many years ago I was a victim of it and I wrote in the DV that the debt may be that or a series of other things which make me doubt the validity of the debt. So their repsonse only addressed that possibility and in showed me NO statements or signatures NOTHING. Basically they sent me back a questionaire.(of course I did NOT send it back) What they do not know is I have a few years of contract law and some experience from many years ago in how to deal with these snakes. So when they sent me this silly letter back. I sent them another DV letter asking again for them to prove the debt and prove they had the right to collect on it. Nothing back from them for months. Meanwhile... I watching the docket in my county(will county,il) to see if they would try something sneaky. Like try to fake a serve and slip in a default claiming I was served ( someone did this to my mom 20 years ago...makes me sick to this day when I think about it because the debt was an absolute fraud upon her ). So about 2 weeks ago some clown started banging on my door I was upstairs at the time ( I work from home ) and I looked out the window and I see this car sitting in my NEIGHBORS driveway (not my neighbors car) I figure its some kind of retard being cute. So I watch through the window as they walk away and it looks like a stinking process server!!! I think about it for a few days and start watching the docket more closely. So about 4 days ago another clown shows up bright and early and starts banging away...now I know not to anwser the door and I dont. I looked out the window and yes it is another server.

Heres where the problem lies neither of them served me and while checking the docket(will county,il) (via last names) yesterday; low and behold they have filed for the 13K(amount is from lletter they sent recently) and it falls under the amount that send its to arbitrators ( a sick scam on peoples rights imho ) So the case number starts under a heading of "AR". Ok, I have still not been served but they have a date coming up on the 18th, which has my name filled into it as a case to be heard. If I havent been served yet what the hell should I do? I can probably succeed in avoiding service for quite a while...what can I do to make sure I dont get screwed on Jan 18th! if they claim I was served? If I can avoid being served for months will they give up? I dont want to quash it because then they will just re-file. Should I show up at the hearing and say nothing and wait for them to announce my case and see if the judge issues a alias summons or see if they lie and say I was served? If they do lie can I just stand up as the judge says I am issuing a summary judgement and say "wait a minute here" and then explain to the judge all of what I wrote here? I know this is long winded but please bear with me...

If the judge issues alias summons and I avoid that (any strategy on this appreciated) then should I show up for the next day not saying anything unless someone tries to defraud the court?

I would REALLY appreciate any ideas and strategies on this. I dont want to debate the merits of the debt ( I consider it a fraud ). So Please anyone who can throw out some sharp ideas please speak up!

Thanks for reading my novel

[Recovering Attorney]

If the debt is truly a fraud, why would you try to avoid service?

[Frank]

Because I just love to go to court and visit with incompetent clowns who dont check to see whether or not they have a legitimate standing to be in court in the first place. I wonder how many thousands of cases have been filed by lazy bum lawyers who dont check their facts before harrasing people with the trouble of a lawsuit?

I wonder if this constitutes malicious prosecution. It certainly should constitute attorney negligence.

Thats why I would avoid service; so I dont have to deal with lazy lying jerks...who should be criminally liable for such breachs of legal responsibility.

Many of these CA and fake law firms engage in a pattern of lawsuit fraud...firms who do engage in these practices should be charged criminally. Even the ABA should go along with it;since its scum like that which give lawyers a bad name everywhere.

Make sense to you now?!?

[cjtx]

From what you said it sounds like it's an arbitration award confirmation hearing. I have no experience with those, but from what I hear, they are not easy to beat since the arbitrator already decided it on "the merits" and the court may be reluctant to overturn it unless it is overwhelmingly unfair.

I'm not sure if you can even raise the fraud issue related to your not being served for the arbitration hearing they won by default.

You should go to your county clerk and get a copy of their petition to see exactly what is it you're dealing with and start preparing a written response. You might need to contact an attorney.

Make sure the debt is not yours. Did you file a police report when you dealt with ID theft? You really need a copy.

[Frank]

No, they have a first date set under the assumption they are going serve in time. Its a first date.

I just talked with my attorney and he said they will try to serve for as much as a year. Each date they set they will get 3 times to serve.

He does not specialize in this area so does anyone know if the above statements are true?

[Fozzle]

Personally, if someone were trying to sue me for an outdated account, and I could prove it's outdated and prove they know (or should have known) it's outdated, then I would accept service and then file a counter claim. If they really want to serve you, but no one responds at your address after two or three times, does your state allow service by publication? Also you said you believe the debt is beyond SOL...do your records and/or credit report show if it actually is or isn't?

[Frank]

In illinois (will county) how many days before a hearing must you be served with a summons?

[flacorps]

There are other methods for substituted service other than service by publication.

In some states, you can serve the secretary of state and send along copies of the summons and complaint with prepaid certified mail, return receipt requested to the defendant's last known address and that will suffice for service. But you can't do that until you've taken an honest stab at serving the debtor by the usual method.

Hiding from service of process it typically only effective as a delaying tactic. Any attorney worth a darn will not be denied.

Sometime do a little searching for the case where a female process server tried serving Robert Vesco in the Bahamas. It reads like something out of James Bond...

[Frank]

How many days before first hearing does a person have to be served in illinois (will county)?

Thanks in advance.

[cjtx]

I couldn't find anything different for your county, so according to Illinois Rules on Civil Proceedings 101((1) your summons must state a date for you to answer no less than 21 and no more than 40 days from date of issuance of the summons. A default judgment can only be taken at least 30 days after date of service.

There are other types of summons with different deadlines, so the best way to know exactly what your deadlines are is to get a copy of your summons from your court clerk.