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Midland Is Trying To Serve Me... Now What?


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Hello,

Today I was informed by a neighbor that a process server was looking for me. I’m pretty sure the summons is from Midland. I wanted to ask the forum what they think my next move should be. I’m a California resident

Should I wait for him to return and accept it?

If I accept it I planned on following the advice at the following link to respond. Is that a good idea?

creditinfocenter.com/legal/ive-been-sued.shtml

Do I file a discovery with the answer or do I wait? I’m unable to find this information for California.

Thanking you in advance for any and all help.

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You could probably call up the sheriff's office and set up a time. With service you never know what it could be until you see the summons. What I thought was service for a debt once was really a subpoena to be available for the DA as a witness to a crime that was going to trial.

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Are you able to look online at the court docket to see what cases have been filed? I live in FL and was able to see the complaint before they served me. I got scared when the process server almost broke the window of my front door by pounding so hard so I took my dog and hid in the bathroom. My husband accepted service the next day. If you can search the docket by your name see if you can see the complaint. At least that way you'll have a head start on what to do. The people on this board are amazing and you will have everything you need to fight off the dirtbags!! Good luck and try not to stress out over it (I should follow my own advice. LOL)

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Avoiding service isn't a good idea, let them serve you and do what makes sense after you review the complaint.

I agree! They have so many ways to serve you anyway. At least here in MI..handing you a piece of paper is just the easiest and fastest. They can also get permission to serve you via certified mail, via publication, by posting at the court house etc. I can't speak for any other state, but I know here in MI dodging service is just delaying the inevitable.

Here in MI, the best that will happen by ducking service is the case will be dismissed for failure to serve and they'll simply refile it and try again or request alternate service.

I never could figure out why people take off running and flee or fight with the process server. It's certainly not a fun situation being sued...but it is what it is and if the plaintiff is intent on suing you ...it WILL happen. Best case scenario you can buy yourself some time by avoiding service...but it accomplishes little more.

If it is indeed MIDLAND take heart in knowing this site offers a ton of great resources to help you find the info you need should you have to fight them!

:)++

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I guess Michigan is like KY, they can't go forward without proper service.

From what I have read in the past, some states allow cases to go forward without service if it has been attempted. The default judgement the JDB can get in those cases can usually be overturned and thrown out due to improper service once they try to collect on that judgement but that requires court procedure.

And from what I have read some JDB's will get those defaults with improper service and just sit on them for like 2 years. Then once they start to make attempts to collect through garnishments,etc, it can be difficult to convince a judge to overturn a judgement that is years old.

So I would agree, especially in states that allow cases to proceed without service, just engage them as it will hot you at some point in the future. I actually found out about a suit that had been filed like 10 months prior to me finding out upon searching online for the case I was actually served on. I could have let it just sit there as they had sent it to an address I lived at like 10 years ago, but when confronted with the idiotic, unprovable claims these people come forth with, it is best just to engage them. I also observed in the court files that people who had been served by this JDB, who had filed an anwser, still had their case just sitting there with no action taken since their anwser, sometimes for as much as 8 to 10 months, their just looking for a default.

To sum it up, if you have knowledge of it, don't act like you don't and think it will just go away. There was a poster on here by the name of homer that was saying that he hadn't been properly served but knew of the suit and he was choosing to wait for proper service. Then he came back on here a few days ago and said they had filed for a judgement against him. It is not worth having things like that happen when these things can be easily opposed.

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Thank you for all of the help with this. I really appreciate it. To be honest with you, I'm actually ready to be served. I want to get it over with so I can start the process of fighting it. Thanks for all of the advice. I guess I'll try the docket search first.

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Well, let me add my 2 cents. I don't know about MI, but I recently found out that someone was trying to sue me over 2 years ago here in GA, but since they couldn't quite find me the case was sitting in court for more than 2 years after which it was dismissed by the judge. Woopsi-doo! :) Although from what I've read in GA law, I could have been served "by publication" in a local newspaper, although I am not sure how often this happens. I do have another lawsuit pending on a different account from a different JDB now, and I've just been served :(... - Karma, I guess, my name is Earl! :)

Edited by MrPunch
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