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Can a summons be served to a 13 year old?


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After going to the courthouse and looking through court records on a default judgement (our mistake) my husband received last year for a HSBC cc charged off in 3/2007 and was sold to FFPM Carmel Holdings, I have some questions on some paperwork I found. (NCO had this acct 1st, then FFPM Carmel)

On 8/3/2008 my 13 year old daughter was served papers for a lawsuit that FFPM Carmel Holdings is suing my husband for an old HSBC acct charged off in 3/2007 and is still within SOL. I have the affidavit of service that states "Summons, Complaint and Answer Form was served upon the defendant by personally handing to or leaving with a person over the age of 18" then lists my daughters name and that she identified her self as my husband daughter. Is 13 years old a legal age in Colorado that paper can be served upon?

FFPM Carmel Holdings....are they a JDB?

They are the plantiff listed on this lawsuit, does that mean they need to be the assignee or the owner? They mention nothing about HSBC on any of the letters I have received from them. (Lawyer is Farrell & Seldin)

They included in their summons and complaint the famous "affidavit" and amount due is around $2000.

He has been living & working out of state for about 2 1/2 yrs and comes home on weekends.

My ultimate goal is to get this case re-opened and let my husband have his day in court as I am sure they do not have any paperwork on him.

Advice greatly appreciated.

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After going to the courthouse and looking through court records on a default judgement (our mistake) my husband received last year for a HSBC cc charged off in 3/2007 and was sold to FFPM Carmel Holdings, I have some questions on some paperwork I found. (NCO had this acct 1st, then FFPM Carmel)

On 8/3/2008 my 13 year old daughter was served papers for a lawsuit that FFPM Carmel Holdings is suing my husband for an old HSBC acct charged off in 3/2007 and is still within SOL. I have the affidavit of service that states "Summons, Complaint and Answer Form was served upon the defendant by personally handing to or leaving with a person over the age of 18" then lists my daughters name and that she identified her self as my husband daughter. Is 13 years old a legal age in Colorado that paper can be served upon?

FFPM Carmel Holdings....are they a JDB?

They are the plantiff listed on this lawsuit, does that mean they need to be the assignee or the owner? They mention nothing about HSBC on any of the letters I have received from them. (Lawyer is Farrell & Seldin)

They included in their summons and complaint the famous "affidavit" and amount due is around $2000.

He has been living & working out of state for about 2 1/2 yrs and comes home on weekends.

My ultimate goal is to get this case re-opened and let my husband have his day in court as I am sure they do not have any paperwork on him.

Advice greatly appreciated.

The summons says *over the age of 18*so,I wouldn't think its a legal service.just my opinion,I could be wrong.:idea:
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Many places allow a notice to be left attached to the front door. How would that be much different than handing it to any person home, regardless of their age? (I have no idea; I'm just throwing the question out there).

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If I read Colorado statutes correctly, you must be 18 years old. If served to someone 13 years of age (and under 18), a copy must be given to guardian.

(d) Personal Service. Personal service shall be as follows:

(1) Upon a natural person whose age is eighteen years or older, by delivering a copy thereof to the person, or by leaving a copy thereof at the person's usual place of abode, with any person whose age is eighteen years or older and who is a member of the person's family, or at the person's usual workplace, with the person's secretary, administrative assistant, bookkeeper, managing agent, or by delivering a copy to a person authorized by appointment or by law to receive service of process.

(2) Upon a natural person whose age is at least thirteen years and less than eighteen years, by delivering a copy thereof to the person and another copy thereof to the person's father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to any person in whose care or control the person may be, or with whom the person resides, or in whose service the person is employed, and upon a natural person under the age of thirteen years by delivering a copy to the person's father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to the person in whose care or control the person may be.

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If I read Colorado statutes correctly, you must be 18 years old. If served to someone 13 years of age (and under 18), a copy must be given to guardian.

(d) Personal Service. Personal service shall be as follows:

(1) Upon a natural person whose age is eighteen years or older, by delivering a copy thereof to the person, or by leaving a copy thereof at the person's usual place of abode, with any person whose age is eighteen years or older and who is a member of the person's family, or at the person's usual workplace, with the person's secretary, administrative assistant, bookkeeper, managing agent, or by delivering a copy to a person authorized by appointment or by law to receive service of process.

(2) Upon a natural person whose age is at least thirteen years and less than eighteen years, by delivering a copy thereof to the person and another copy thereof to the person's father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to any person in whose care or control the person may be, or with whom the person resides, or in whose service the person is employed, and upon a natural person under the age of thirteen years by delivering a copy to the person's father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to the person in whose care or control the person may be.

my opinon , heres the Bugger they left it at your home, and if you REPLY a judge can well assume you where if fact "served" ..

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According to the OP:

I have the affidavit of service that states "Summons, Complaint and Answer Form was served upon the defendant by personally handing to or leaving with a person over the age of 18" then lists my daughters name and that she identified her self as my husband daughter.

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If I read Colorado statutes correctly, you must be 18 years old. If served to someone 13 years of age (and under 18), a copy must be given to guardian.

(d) Personal Service. Personal service shall be as follows:

(1) Upon a natural person whose age is eighteen years or older, by delivering a copy thereof to the person, or by leaving a copy thereof at the person's usual place of abode, with any person whose age is eighteen years or older and who is a member of the person's family, or at the person's usual workplace, with the person's secretary, administrative assistant, bookkeeper, managing agent, or by delivering a copy to a person authorized by appointment or by law to receive service of process.

(2) Upon a natural person whose age is at least thirteen years and less than eighteen years, by delivering a copy thereof to the person and another copy thereof to the person's father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to any person in whose care or control the person may be, or with whom the person resides, or in whose service the person is employed, and upon a natural person under the age of thirteen years by delivering a copy to the person's father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to the person in whose care or control the person may be.

The above refers to the person being sued, who is called a "natural person".

The husband is the "natural person" being sued who is referred to in the first paragraph. The daughter is NOT the "natural person" being sued that is referred to in the 2nd paragraph.

http://www.serve-now.com/resources/process-serving-laws/Colorado#personalservice

It appears you have incorrect service at first glance.

Edit as I re read the OP. again

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According to the OP:

I have the affidavit of service that states "Summons, Complaint and Answer Form was served upon the defendant by personally handing to or leaving with a person over the age of 18" then lists my daughters name and that she identified her self as my husband daughter.

you could argue improper service. then again they can just come back and re -serve, In my opinion, i would just worry about answering the summons and just state you here not properly served, doubt a judge would care , they could always add, left at residence,, w/defendants daughter.a family member.

doubt you can just "sit tight" on it anyways, If you "say anything" they will come back and say , well no matter she got the summons so whats the problem..not fair , yeah,, but pick your battles and pick them well..attack the affidavit ect..

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you could argue improper service. then again they can just come back and re -serve, In my opinion, i would just worry about answering the summons and just state you here not properly served, doubt a judge would care , they could always add, left at residence,, w/defendants daughter.a family member.

doubt you can just "sit tight" on it anyways, If you "say anything" they will come back and say , well no matter she got the summons so whats the problem..not fair , yeah,, but pick your battles and pick them well..attack the affidavit ect..

That's what I thought before I re read the OP lol'

I THINK what she is saying is this;

The summons was served on her daughter some time ago

The father was unaware of this or in any event not served correctly

As a result judgement was obtained in default

Now her husband wants to have the judgement set aside on the grounds of improper service

I am glad to learn I am not the only person that was confused here 8-)

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That's what I thought before I re read the OP lol'

I THINK what she is saying is this;

The summons was served on her daughter some time ago

The father was unaware of this or in any event not served correctly

As a result judgement was obtained in default

Now her husband wants to have the judgement set aside on the grounds of improper service

I am glad to learn I am not the only person that was confused here 8-)

no kidding, well if its a "motion to vacate judgement" then yeah, improper service could be used, a year has almost gone by, hard to belive one had ' no knowlage" . CA never tried to collect??,,easy enough to ask for a MTV..

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Thanks for all the responses! I was out of town and would have replied sooner.

Neither my husband or I was home at the time the papers were served to my daughter. She had set it in our filing stack and hadn't said anything about it and we did not see it until about a month after the hearing date on the summons. We waited to hear something about it, but never did until I went down to the courthouse and looked through the records. We had no knowledge of what to do until we found this site!

newryman was correct.

We have NOT received any communication whether by phone or mail from this JDB who sued my husband. They have not tried to collect anything.

I think I will let him know he should file a Motion to Vacate Judgement due to improper service since they did not properly serve or send copies to my husband as well and go from there.

All responses appreciated!

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I am in Colorado and have gone down the "improper service" road twice. The first time the summons was found in my neighbor's yard, and the second time they left it on our door step, lied in their proof of service and said they had called my home and that I hung up on them, yet I had concrete proof we were hundreds of miles away on vacation.

Both times the Judge ruled that service was improper and stated that the summons "must have been served upon a person over the age of 18 years old in person", or that they must have "proof" that the person is evading service, and then, and only then, could they simply "leave" the summons.

I also briefly worked for an attorney and had to serve a summons a time or two. I was told the summons could not be left with a minor. If one were to answer the door, I was to verify his/her age, name, relationship, etc. If under 18, I then could inquire as to whether the parent was home, but could not communicate any other facts.

I wonder if they will try and play the "evaded service" card? I would get together any kind of proof that you can find that there was not an adult over 18 at home at the time of service (the exact time should be listed on the proof of service). For instance, if they served your daughter at 3:30 p.m., and you don't get off work until 5 p.m., then see if you can come up with a time card, an affidavit from your employer, etc., as hard proof for the Court to see.

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