fivetwos Posted April 12, 2008 Report Share Posted April 12, 2008 I have been lucky enough thus far to have not been sued. Well, yet anyway. My SOLs are all going to run next year, and from what I have come to understand, many JDB/OCs take their shot just prior to that happening. All of the accounts in question were opened with a PO box address, and all correspondence I have ever received from anyone about any of it was sent there. My question is: can they actually SERVE me that way? I know that the SOL tolls if they can show they could not find you. Will that apply in this case? I know that when CM goes to a POB, they will just hold it until you show up to sign, but I'm not sure if I can be served this way. My physical address does appear on my CR though, so I suppose they may have a tough time proving they could not find me.Thanks for any help...... Link to comment Share on other sites More sharing options...
AISLE4 Posted April 12, 2008 Report Share Posted April 12, 2008 If your street address is on your credit reports they know where you are, and they can get your address from the post office if they need to serve a summons. There are some hoops to jump through, but it's not a big deal for them to find your address. I'm surprised that they have chosen to continue sending letters to the PO Box if your physical address appears on the credit reports.States have different rules about service of summons. Some states allow them to be mailed; some states require a person to person service. You need to find out what your state requires. Someone here will likely be able to help you with that info. Link to comment Share on other sites More sharing options...
trueq Posted April 12, 2008 Report Share Posted April 12, 2008 If one of your accounts has an arbitation clause, they try to serve via UPS, FEDEX, DHL, etc.NAF arbitration rules allow for service by accepting the package.So be careful that service for this private scam of alleged justice happens in that way.Tell everyone in the house to never sign for anything unsolicited, at least for next year.Good Luck! Link to comment Share on other sites More sharing options...
fivetwos Posted April 12, 2008 Author Report Share Posted April 12, 2008 My actual address is on the CR, along with several others (used to have rental property). They would all get bounced back, except for the one. Maybe they just have yet to try the right one. The POB address is never sent back and always gets a response from me. Maybe that has something to do with it.The actual address the PO has behind my POB is no good anymore either. I'm just wondering if I'm in a good position since it would be more difficult to serve me, or if none of it matters since the SOL may be tolling. Link to comment Share on other sites More sharing options...
trueq Posted April 12, 2008 Report Share Posted April 12, 2008 does not mean the lawsuit has not been filed!Just before the SOL is up, check your county court record just to make sure its clear.If it is, you have effectively used the SOL to your benefit.They may file after SOL, but you will have to affirmatively raise SOL as a defense. Link to comment Share on other sites More sharing options...
Recommended Posts