allenandjoelsmommy Posted December 28, 2011 Report Share Posted December 28, 2011 I was being sued by a collection agencies' attorney. The suit was filed on 5/24/2011 but I was never served. I found out about it via Idaho Repository. I had posted last month that there was going to be a proposed dismissal hearing on 12/19/2011, because in Idaho you have six months to serve someone. I did not go to this hearing, because I had not been served for anything. When I look on the repository this morning, it still shows a pending status and a "motion to change venue" which must have been filed by the attorney on 12/27/2011. How can they file this motion AFTER the six months is up? They had until 11/24/2011 to serve me! What kind of sneaky crap is this? Do judges actually sign this knowing the six months is over?? Link to comment Share on other sites More sharing options...
allenandjoelsmommy Posted January 4, 2012 Author Report Share Posted January 4, 2012 guess no one knows.... mystery to me too Link to comment Share on other sites More sharing options...
1stStep Posted January 4, 2012 Report Share Posted January 4, 2012 It could be that they've figured out the correct venue...I'd personally sue for an FDCPA violation. Link to comment Share on other sites More sharing options...
allenandjoelsmommy Posted January 5, 2012 Author Report Share Posted January 5, 2012 There's some fishy stuff in this file after viewing it.The notice of dismissal that was sent to the plantiff clearly indicates that they have to within 48 hours state why they did not serve me within the six months.The proposed dismissal was to take place 12/19.... the repository indicates that the judge dissmissed it..... yet there's no order.... no minutes... no nothing. On 12/27 the plantiff filed a change of venue request that the judge signed on 12/29. W. T. FThey've known since 7/16/2011 that I did not live in the county that they filed it in. and documents in the file show that. I've worked at the same place for 10 years... they could have served me here. I work in the courthouse!! LOLAnyway.... ive requested audio from the 19th of December.... so I can HEAR what the judge said and try to figure out where the paperwork is!! Link to comment Share on other sites More sharing options...
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