Living abroad - I cannot be served

[abroad]

An attempt to serve papers to my Nevada residence for collection of a credit card debt failed as I live abroad. I called the constable serving, informing him of the same. He said the papers will be returned to the debt collector with a note "unable to serve" Where does this matter go from here? I am told the debt collector could serve by publication and obtain a judgment, if the the debt collector went this route what would be the outcome as I am out of country with no means to read the notice?

[PERRYMASON]

otherwise you may be considered an absconding debtor, one seeking avoidance. As for service by publication, I sure do not see this method being used in my perusal of newspapers of record. So, I would have to say it is rarely used, if ever.

This might be similiar to medical tourism; vacation destinations while the sol runs out.....

Edited April 22, 2010 by PERRYMASON
another though...

[merrybucks]

Here are the rules for service by publication

(1) Service by Publication.

(i) General. When the person on whom service is to be made resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, and the fact shall appear, by affidavit, to the satisfaction of the court or judge thereof, and it shall appear, either by affidavit or by a verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made, and that he is a necessary or proper party to the action, such court or judge may grant an order that the service be made by the publication of summons. Provided, when said affidavit is based on the fact that the party on whom service is to be made resides out of the state, and the present address of the party is unknown, it shall be a sufficient showing of such fact if the affiant shall state generally in such affidavit that at a previous time such person resided out of this state in a certain place (naming the place and stating the latest date known to affiant when such party so resided there); that such place is the last place in which such party resided to the knowledge of affiant; that such party no longer resides at such place; that affiant does not know the present place of residence of such party or where such party can be found; and that affiant does not know and has never been informed and has no reason to believe that such party now resides in this state; and, in such case, it shall be presumed that such party still resides and remains out of the state, and such affidavit shall be deemed to be a sufficient showing of due diligence to find the defendant. This rule shall apply to all manner of civil actions, including those for divorce.

(ii) Property. In any action which relates to, or the subject of which is, real or personal property in this state in which such person defendant or corporation defendant has or claims a lien or interest, actual or contingent, therein, or in which the relief demanded consists wholly or in part of excluding such person or corporation from any interest therein, and the said defendant resides out of the state or has departed from the state, or cannot after due diligence be found within the state, or conceals himself to avoid the service of summons, the judge or justice may make an order that the service be made by the publication of summons; said service by publication shall be made in the same manner as now provided in all cases of service by publication.

(iii) Publication. The order shall direct the publication to be made in a newspaper, published in the State of Nevada, to be designated by the court or judge thereof, for a period of four weeks, and at least once a week during said time. In addition to in-state publication, where the present residence of the defendant is unknown the order may also direct that publication be made in a newspaper published outside the State of Nevada whenever the court is of the opinion that such publication is necessary to give notice that is reasonably calculated to give a defendant actual notice of the proceedings. In case of publication, where the residence of a nonresident or absent defendant is known, the court or judge shall also direct a copy of the summons and complaint to be deposited in the post office, directed to the person to be served at his place of residence. When publication is ordered, personal service of a copy of the summons and complaint, out of the state, shall be equivalent to completed service by publication and deposit in the post office, and the person so served shall have twenty days after said service to appear and answer or otherwise plead. The service of summons shall be deemed complete in cases of publication at the expiration of four weeks from the first publication, and in cases when a deposit of a copy of the summons and complaint in the post office is also required, at the expiration of four weeks from such deposit.

(2) Personal Service Outside the State. Personal service of summons upon a party outside this state may be made by delivering a copy of the summons, together with a copy of the complaint, to the party served in the manner provided by statute or rule of court for service upon a party of like kind within this state. This method of service may be used only where the party being served has submitted to the jurisdiction of the courts of this state as provided by NRS 14.065. The methods of service are cumulative, and may be utilized with, after, or independently of, other methods of service.

(3) Statutory Service. Whenever a statute provides for service, service may be made under the circumstances and in the manner prescribed by the statute.

[WhoCares1000]

Why not find out who the attorney is, contact them, and let them know that you are not in the USA, you are not a USA resident, all of your assets are not in the USA, and that you have no intention of returning to the USA anytime soon. That might solve the issue right there because even if they get a judgment, it would be extremely expensive and time consuming to execute it. You technically are judgment proof.

As for the SOL stuff, I thought the SOL was tolled if you were not in the state/country.

[Guest usctrojanalum]

As for the SOL stuff, I thought the SOL was tolled if you were not in the state/country.

It is.

[willingtocope]

It is.

Depends on state law. Not sure how NV handles it.

[abroad]

I have spoken to the attorney/debt collector and they know I am living abroad. He eventually hung up on me. I followed up with a low ball settlement letter and it took five months for them to attempt to serve notice. I guess they figure I am a hard case to win, easier prey out there. Hopefully they won't catch up with me on trips back as I don't have the money to pay back just now. Probably no need to do a Debt Validation if what you say I am judgment proof. My only concern is serve by publication.

[Guest usctrojanalum]

Also I really would not worry about service by publication, in the past 4 years I have been in this business I have seen service by publication one time in a consumer credit action.

The other time I saw service by publication was for Osama Bin Laden.

[abroad]

Thankyou merrybucks, good stuff. Could you give input on this??

I have spoken to the attorney/debt collector and they know I am living abroad. He eventually hung up on me. I followed up with a low ball settlement letter and it took five months for them to attempt to serve notice. Hopefully they won't catch up with me on trips back as I don't have the money to pay back just now. Probably no need to do a Debt Validation, am I judgment proof? Is there anyway I can be found if visiting my Nevada home for a week?

[Guest usctrojanalum]

lol why did you post the same thing twice?

[willingtocope]

usctrojanalum: You say you live on Long Island. Are you familiar with NV law? (Just asking, no diss intended).

abroad: One thing you might be concerned about is now that the lawyer knows you've *skipped the country to avoid this debt" (...just putting words in his mouth...) he may be able to convince a judge to order your arrest should you return to this country. That would get you on the Homeland Security lists.

[Guest usctrojanalum]

usctrojanalum: You say you live on Long Island. Are you familiar with NV law? (Just asking, no diss intended).

WRT process of service? Yes, well versed in NV law. I had to sue someone who lived in Las Vegas 2 years ago.

[abroad]

Actually, I have been abroad for 3 years, long before this issue of the CC debt arose. Just got caught up in the sinking of world economy. Now, I need to find a way out. If a settlement for 10 cents on the dollar could be had I would take it. Any suggestions? my offer to settle was rejected.

[WhoCares1000]

First off, the absconding from country to avoid debt issue, that would be criminal, not civil. Would a DA be willing to take up a case like that and go through the effort, especially since in this case, a win is not certain (I could see stopping payment 2 months after leaving the USA but not 2 years). A criminal case is alot harder to prove and deal with than a civil case.

As for visits regarding civil cases, unless you plan on arriving at a Nevada airport, they would have to export the judgment to get any satisfaction in another state. Now, it could be possible that a sheriff could meet you at the airport to take any cash and non-exempt assets you may have on hand as soon as you arrive but that would require quite a bit of effort and coordination. If you do not plan on bringing in large assets or amounts of money into the USA, you should be fine.

Honestly, I cannot see why they are pursuing this. A judgment would be worth nothing to them if you do not have any US based assets. Must be the fact that JDBs/CAs really do not have any brains.