NextSteps Posted March 20, 2019 Report Share Posted March 20, 2019 I'm being sued by Cavalry for Citibank debt of 18K. The processor left the papers on the planter by front door of my apt building 4 days before appearance date. The affidavit of service claims they delivered to me personally at my apt. I've spoken with 3 attorneys that say there's no legal recourse and judge will not dismiss based on improper service. Is this true? I filed appearance to avoid default judgment because I didn't know about motion to delay appearance until I could hire an attorney or Motion to Quash based on improper service. Now, I have to file answer in 3 days. What options do I have? I appreciate any insight that can be provided. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted March 20, 2019 Report Share Posted March 20, 2019 8 hours ago, NextSteps said: The affidavit of service claims they delivered to me personally at my apt. I've spoken with 3 attorneys that say there's no legal recourse and judge will not dismiss based on improper service. Is this true? The attorneys have no reason to lie to you about whether the service was legal or how the courts will rule on a MTD. The problem you have is few states require that the papers be placed in your hand for personal service. Leaving them at your known residence is sufficient and known as "tack and nail" even if they did leave it in the planter. 8 hours ago, NextSteps said: I filed appearance to avoid default judgment because I didn't know about motion to delay appearance until I could hire an attorney or Motion to Quash based on improper service. Even if you did manager to get that service quashed they will only serve you again. It is nothing more than a delaying tactic it will not make the suit go away permanently. 8 hours ago, NextSteps said: What options do I have? Who is suing you and for how much? If it is a junk debt buyer who was the original creditor they say they bought the account from? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted March 20, 2019 Report Share Posted March 20, 2019 10 hours ago, NextSteps said: I filed appearance to avoid default judgment By filing an appearance, you waived your right to personal service. If you wanted to argue improper service, you would have had to let the default judgment happen, and then file a motion to set aside judgment for improper service. 10 hours ago, NextSteps said: I'm being sued by Cavalry for Citibank debt of 18K. You're in good shape. Use arbitration and Cavalry will dismiss their case against you once the court grants the MTC and you pay the $200 arb filing fee. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/ Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted March 20, 2019 Report Share Posted March 20, 2019 4 hours ago, Harry Seaward said: You're in good shape. Use arbitration and Cavalry will dismiss their case against you once the court grants the MTC and you pay the $200 arb filing fee. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/ They might be more willing to follow the OP into Arb for $18K Quote Link to comment Share on other sites More sharing options...
NextSteps Posted March 21, 2019 Author Report Share Posted March 21, 2019 8 hours ago, Clydesmom said: The attorneys have no reason to lie to you about whether the service was legal or how the courts will rule on a MTD. The problem you have is few states require that the papers be placed in your hand for personal service. Leaving them at your known residence is sufficient and known as "tack and nail" even if they did leave it in the planter. Even if you did manager to get that service quashed they will only serve you again. It is nothing more than a delaying tactic it will not make the suit go away permanently. Who is suing you and for how much? If it is a junk debt buyer who was the original creditor they say they bought the account from? Thanks for your input. The attorneys all said that service must be delivered personally in IL, unless they request a specific service to post/mail from judge, which they did not. What attorneys basically said it was immaterial and not worth fighting, which I didn't understand. If the suit can be dismissed or counter suit filed based on a technicality such as incorrect amount or some other mistake made by JDB, why wouldn't improper service be important. I was hoping there would be some precedent for IL for cases being dismissed on that basis. Quote Link to comment Share on other sites More sharing options...
NextSteps Posted March 21, 2019 Author Report Share Posted March 21, 2019 Thank you for your input. I will look into it. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted March 22, 2019 Report Share Posted March 22, 2019 On 3/20/2019 at 1:55 PM, WhoCares1000 said: They might be more willing to follow the OP into Arb for $18K They haven't yet, and for debts twice this amount. Quote Link to comment Share on other sites More sharing options...
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