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How long does it normally take to get served after filed


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Hey guys, I got a warant in debt paper in the mail yesterday which was stamped by the attorney 7/23. It has a court date listed by no case number or anything yet. I called my court house today and they had no record of it yet in their system. I'm eager to get the actual complaint and begin to prepare to defend myself from Midland, my question is how long does it typically take to get served after a warant in debt is filed.

 

Also, can I assume they are actually filing suit or could they have sent this as a scare tatic. My understanding from reading here is if they don't actually file suit after this it would be a violation?

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I would think if it has a court date on it, but the court house doesn't know about it, its bogus.  Does it say what court?  Just to make sure, call them again...

 

But...if the court doesn't know about it...then that's "overshadowing"...a clear violation of the FDCPA...and time for you to respond with an "intent to sue" letter.

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I would think if it has a court date on it, but the court house doesn't know about it, its bogus.  Does it say what court?  Just to make sure, call them again...

 

But...if the court doesn't know about it...then that's "overshadowing"...a clear violation of the FDCPA...and time for you to respond with an "intent to sue" letter.

Yes, it has both a court date and the court house on it. In fact its the exact form you get off my local courts website to open up a case. However like I said it has no court case number. I just called agian to ask again if they have it on file and they said they have nothing on file for me besides a Civil Case (also against a JDB) I won a few years back.  She basically said anything is possible as to why its not been entered into the computer yet but she found it odd that its been 3 days and not entered. She did say no way I could be offiically served until its in her computer.

 

The actual warrant in debt I got in the mail is stamped orginial file and signed by some lawyer who isn't idenited (only his signature is on it). It is noted in the letter that it is Dominon Law Assicoates suing me on behalf of Midland Funding. 

 

Do these JDBs and their attorneys usually get a process server to serve you or go with the Sherrif?

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Who serves you depends on your state and sometimes your city...so, hard to tell.

 

You could just wait another week, and see what happens...but, when is the supposed court date?

 

The supposed court date is Friday the 13th of September (yeah I know court on Friday the 13th, haha). I'm not worried about it as in VA I'm just going there to answer the complaint and request a trail but I'm just curious about this whole warrant of debt without the court knowing.  I guess I'm assuming the lawyer filing suit just sent me the paper as they also sent it into the courts and its not entered into the system yet.

 

Its never fun to be sued for 5K but I guess I could say I'm interested to see exactly what Midland is going to produce in this case. From everything I've read on here Midland isn't the most well put together JDB in terms of records.

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I'm not sure, but I think VA allows mail service for supenas.  I'd give it another week or 10 days, then call the court again.  Be sure and be real nice to the clerk for "taking up all her time with silly questions".  Won't hurt to have her on your side...

That would make sense as on the back of the warrant of debt under the way served they checked mailed to defendents address is checked. This is no problem with me as I plan to show up to this case assuming its ever actually put on the docket just never knew this was allowed.

 

But yeah I'll let it play out over the next week as I suspect something more official is coming. I remember my previous warrant of debts coming on like yellow/white carboncopy paper where as this is just printed out on a white piece of computer paper.

 

Thank you for the help so far I'm certainly going to be using this site and hoping for help from you guys throughout the fall.

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A 'pocket docket' case is where the plaintiff sends you a summons and complaint and you have to answer within a certain time frame.

Then they file the case with the court.

Read your Rules of Civil Procedure to find out if this is allowed in VA.

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A 'pocket docket' case is where the plaintiff sends you a summons and complaint and you have to answer within a certain time frame.

Then they file the case with the court.

Read your Rules of Civil Procedure to find out if this is allowed in VA.

I will look that up here tonight. However, I'm not sure this is what you describe as I think they are filing this case normally I just happended to get a warrant in debt before the court did?

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In most states, the plaintiff has to file with the court before they serve you.

I believe that Wisconsin is one of the states that allows plaintiff to serve you before filing with the court.

Thank you then I will look into that. Now does me getting the warrant in debt in the mail from the attorney count as being served? Or am I not "served" until a sherrif/process server actually serves me?

 

Thank you for your help guys. I can't thank you guys enough.

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Thank you then I will look into that. Now does me getting the warrant in debt in the mail from the attorney count as being served? Or am I not "served" until a sherrif/process server actually serves me?

 

Thank you for your help guys. I can't thank you guys enough.

Again, this is going to depend on your civil procedure.

If your rules state that service by mail is appropriate ......... you have been served.

 

Keep in mind that I'm only guessing here ........ I'm not familiar with VA's rules.

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§ 8.01-296. Manner of serving process upon natural persons......... then by posting a copy of such process at the front door or at such other door as appears to be the main entrance of such place of abode, provided that not less than ten days before judgment by default may be entered, the party causing service or his attorney or agent mails to the party served a copy of such process and thereafter files in the office of the clerk of the court a certificate of such mailing.

 

You have been served ......... if this is a legitimate suit.

You need to continually (on a daily basis) check with the clerk of the court for the certificate of mailing that they should file. Make sure that you're checking the proper court (District vs. small claims or Magistrate).

Meanwhile, do a search for other cases from VA that are posted here.

See how they defended ......... see what mistakes the defendant made and how to avoid them.

Read your rules and understand them.

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You have been served ......... if this is a legitimate suit.

You need to continually (on a daily basis) check with the clerk of the court for the certificate of mailing that they should file. Make sure that you're checking the proper court (District vs. small claims or Magistrate).

Meanwhile, do a search for other cases from VA that are posted here.

See how they defended ......... see what mistakes the defendant made and how to avoid them.

Read your rules and understand them.

Not to ask a dumb question as I thank you for your help but would they have to have sent this certified mail for this purpose? This came regular USPS no comfrimation or anything.

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Hey guys, here is the form that was sent to me (it was filled out by the JDB I can post a scan of that otmorrow if need be).

 

http://www.courts.state.va.us/forms/district/dc412.pdf

 

If you look at page 2 which is basically the service side, the attorney has checked and signed that it was mailed to me address. Does that imply that is the only service they will be sending?

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In my state, the court notifies you once plaintiff files a complaint. YMMV

 

I'd keep checking with the court house for that certificate of mailing.

 

Have you looked into the attorney to find out if he is legit?

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Well guys I spoke to the one of the court clerks again today and nothing has been filed yet. She went to look for it in the pending to be filed piled and came back and said itd just be impossible because they have so many cases on hand waiting for them to file with the Court.

 

She did say in our district I would have to be served and not just by mail. She found the warrant in debt I got odd as it wasn't brought before the court yet. She said they are required to mail me a copy as a courtesey but that they are supposed to mail a copy of the actual warrant in debt which is signed by the court with the case number etc on it. They mailed me a copy of the petition for the warrant in debt which they would file to the actual court to start the process. She found that odd.

 

On the warrant in debt they have a 9/13 court apperance listed for me but she says thats not on their docket yet.

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Update here its about to get real. It now appears on the court docket for 9/13 and has a case number.

 

Regarding the service, I called the court house today and was transferred over to the Sheriffs department. I've agreed to go pick up the official service copy of the warrant in debt sometime tomorrow from our Sheriff department.  At that point I guess I'll start the thread on here where I answer the 20 or so questions. I'm very eager to see what they included with this warrant in debt although I know they don't have to really include much of any thing at this stage of things in VA.

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