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Because of a prolonged and nasty divorce i ended up being buried by cc debt.

The original debt was charged off in 2004. I periodically check my credit report and the local civil court docket. There is suit against me by a junk debt buyer represented by a toad of a lawyer. The puzzling thing is I have never been served a summons or a complaint,(not legally) and the court record shows several attempts at service, the latest entry stating "summons returned,NS,other reasons.,as of 4/6/09

I have lived at the same address for 15 years, so I am easy to find!

I did receive in the regular mail the day before a demand for an appearance a copy of the summons with out a copy of the complaint attached,which I KNOW is not proper or legal.

What is this lawyer trying to accomplish? This CA did'nt turn up on my CR until this year...and what can I do?


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When you say:

which I KNOW is not proper or legal.

Are you absolutely sure?

If you have checked your statutes for how service can/must be made, and do know this for a fact, then you will have grounds to file a motion to vacate should the plaintiff file phony papers showing service was made, and get a default judgment against you.

This will not stop the suit, only delay it.

At this point, if you truly believe that the service is no good, sit still, watch the court docket and see what else they file.

If you are wrong, this tactic could take you beyond the time for an answer and cost you the case.

Fight now or fight later, it seems a gamble to me to play a waiting game. They may also be able to serve you by publication so you should be checking the legal announcements in your paper.

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Thanks for replying to my post.I know my rights, have talked to legal aid, and do know that this law firm that represents the JDB is a shoddy kind of shop.I do have to monitor this to make sure that they don't sneak up on me with a publication issue. I am thinking of contacting a lawyer who will take it b/c of violating fair credit stuff ,ie first contact a suit, but am nonplussed by the illegal conduct.

I am only aware of this b/c of my own efforts so far, as far as I can tell, they have violated at least 4 of the rules/sanctions.

The clerks at the courthouse have been very helpful , pointing out each time that service is incomplete.

It's a third party bottom feeder with a lawyer.

I want it to go away,but hesitate to hire a lawyer b/c I was eaten alive in a divorce.In short: ten years 3 firms, churned by all, gave the ex's lawyer 6k to settle.

BTW the ex earned in excess of 140 last year and I made 10k.

It is a waiting game in a way.

To see if this ******* can make the right move.

It's the only thing I can afford.

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