geen schuld Posted February 17, 2009 Report Share Posted February 17, 2009 A deputy sheriff left a message on my phone last night and he wants me to call him to tell him the apartment number I live in so he can serve a Civil Summons on me. I assume it is from a debt collector (I have a few) although they should have had my apartment number. Should I give the sheriff my complete address so he can serve me or should I ignore it? If I am sued and not properly served then I can just vacate the judgment. Right? Please help! Thanks! Link to comment Share on other sites More sharing options...
kbjmM Posted February 17, 2009 Report Share Posted February 17, 2009 well what state are you in? That makes a huge difference...& Have you spoken with the Constable/Deputy Sheriff? Generally when a summons comes back in the senario you have just explained the Constable usually will send back a paragraph stating what they did. IE called you left messages, Have the right address but no response from you as to the apt. # Once they have returned it as a "non service" MOST (again I said MOST) Lawyers can and will file a motion for service by other means, generally publication. From your situation where they know where you are and that you never responded they can claim your avoiding service and/or hiding. A Judge will most likely grant their motion and they can serve you in any public newspaper in your area for "XX" number of days. Just IMO I would give them your apt #. Then file an answer with the court and request a discovery hearing. All of this is contingent upon where you live & Some or all of this could be null and void. check your resources. Link to comment Share on other sites More sharing options...
geen schuld Posted February 17, 2009 Author Report Share Posted February 17, 2009 Wow that sounds scary. I live in Kentucky if you think that will make a difference. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted February 17, 2009 Report Share Posted February 17, 2009 Before doing anything, make sure this is really a deputy.Assuming it is, "hiding" from your debt will not make it go away nor will it ultimately protect you from a judgment...I don't know of any state where they don't have a procedure in place to allow for people who "hide".Also, hiding is not grounds for vacating a judgment nor is vacating a judgment an end to your problem either; they'll just get another one.Whether you choose to actually go to court of not is up to you and there is no "one size fits all" answer to that. However, accept the service and then decide whether you want to fight it or not.At lest that's how I see it. Link to comment Share on other sites More sharing options...
kbjmM Posted February 17, 2009 Report Share Posted February 17, 2009 This is part of the Kentucky laws on Service of Summons. I've shortened for you,Rule 4.05. Parties who may be constructively served.If a party sought to be summoned is: (d) an individual who has left the county of his residence to avoid the service of a summons or has so concealed himself that a summons cannot be served upon him or (e) an individual whose name or place of residence is unknown to the plaintiff; the clerk shall forthwith, subject to the provisions of Rule 4.06, make an order upon the complaint warning the party to appear and defend the action within 50 days.So from this I would interpret it as They've tried to serve you, and can now ask the judge to "constructively" serve you via other means. (which is only going to ad court fees/cost etc if they win) Up to you but I'd accept service and file the appropriate papers to answer Link to comment Share on other sites More sharing options...
geen schuld Posted February 17, 2009 Author Report Share Posted February 17, 2009 Well, it does make sense so I will call the constable and give him directions. Besides I'm interested in knowing who is suing me. Thanks for the advice! Link to comment Share on other sites More sharing options...
geen schuld Posted February 19, 2009 Author Report Share Posted February 19, 2009 OK, I got the summons tonight. They have the middle initial of my name wrong.The plantiff is NCO Portfolio Management Inc and the original creditor is Credit Store. I've never heard of either one of these. I simply do not owe the $2K they claim.There's a person in our apartment complex with the same name and same initial as on the summons.Perhaps this summons was meant for the other person and not me. My apartment number is not on the summons but my phone number is which they probably got that out of the phone book. The other person with the same name has an unlisted phone number.I have 20 days to file an answer. What should I do here??? Thanks! Link to comment Share on other sites More sharing options...
geen schuld Posted February 19, 2009 Author Report Share Posted February 19, 2009 View Summons Page 1: http://usera.imagecave.com/quick-o/summons_pg1.gifView Summons Page 2: http://usera.imagecave.com/quick-o/summons_pg2.gif"R" is not my middle initial.... Link to comment Share on other sites More sharing options...
astiman Posted February 19, 2009 Report Share Posted February 19, 2009 You need to answer the complaint.Also, I'd go to the issuing court and see what they say about the identity confusion issue.At the VERY LEAST I'd bring this up in your answer as to the fact that if you are not the person who the complaint is for, AND CAN PROVE IT, then any lawsuit against you could be ruled invalid. Note I said "could."If you are not sure how to proceed, consult a local NACA attorney. Link to comment Share on other sites More sharing options...
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