Process Service Requirements Not Met (Court File/ Credit Report)

[GAMEON10]

 

 

[WhoCares1000]

OK, first off, if you have not been served, they cannot go on until service is effected. However, they might be able to so what is called alternative service so keep a watch on the case and when they do that, that is when you mount your fight.

Second, JC Penny going bankrupt does not matter because they were not the holder of the account, Synchrony Bank was the holder of the account and they are still active

Third, between the last charges and interest for the past 4 years, it would not be surprising that the amount has reached $2300.

Fourth Synchrony Bank has a very good arbitration clause in their contracts. You need to go to the CFBP website and get the contract that was in place for your account. Once you have done that, go to this thread and read it in its entirety to understand how arbitration works and who to get out of the court and into arbitration. Do not act until you are served. If you want to find out the case and get an answer ready, you can have a friend go to the courthouse without you and obtain the case record. You still would not be served if you did that. From there, watch for alternative service or you get served and then you can get started.

[BackFromTheDebt]

1 hour ago, WhoCares1000 said:

OK, first off, if you have not been served, they cannot go on until service is effected. However, they might be able to so what is called alternative service so keep a watch on the case and when they do that, that is when you mount your fight.

Second, JC Penny going bankrupt does not matter because they were not the holder of the account, Synchrony Bank was the holder of the account and they are still active

Third, between the last charges and interest for the past 4 years, it would not be surprising that the amount has reached $2300.

Fourth Synchrony Bank has a very good arbitration clause in their contracts. You need to go to the CFBP website and get the contract that was in place for your account. Once you have done that, go to this thread and read it in its entirety to understand how arbitration works and who to get out of the court and into arbitration. Do not act until you are served. If you want to find out the case and get an answer ready, you can have a friend go to the courthouse without you and obtain the case record. You still would not be served if you did that. From there, watch for alternative service or you get served and then you can get started.

Great advice here.

Let me explain what alternate service may be.  It could be they mail it to you.  It could be they publish the summons in a newspaper, which you will probably miss.  It may be they post it on your door. It could be they leave it at the front desk at your work.  In different jurisdictions, different variations of this are permitted, often in combination.  

 

So be careful about alternate service.  In many jurisdictions, it is possible to be legally served by alternate means, and have a default judgment against you without you knowing it.  That happened to me once.  I didn't know about the case until my bank account was frozen.  

So be careful about alternate service.  

[GAMEON10]

Thank you so much for your wonderful advice!!! I'm still learning how to navigate on this site so I wasn't sure how and where to say thank you. I immediately began searching for any attempt of alternate service and publication in my State and County as well as checked the current status of this pending case and it stands the same. this case, what can they expect will be the typical process? Thank you again so much and for any part you can answer.

 

[WhoCares1000]

1) You do not send a response to anyone until you have been served.

2) As for someone going to the court, it depends on how the process has changed due to COVID. The normal process is to go to the court clerk's desk at the courthouse and as for a copy of the case John Doe vs. XXX Bank, case no. MIXXXXXXXXXX. The clerks usually charge a copying fee but being that there should only be one or 2 documents in the case file as of yet, it should not come to more than $20. The clerk then takes the cash and makes a copy of the case file to give to the requester. They might ask if the requester is you but then, the requester simply has to show their ID which will show that they are not a party in the case. The requester does not have to answer any other questions.

I do this all of the time as a genealogist but mostly for older case files.
 

In looking over the arb agreement, there is a small claims exemption which might be problematic. There is also an exception for collections cases but that might go against the Federal Arbitration Act if you were to push the issue into Federal Court.

[GAMEON10]

T

 

 

[BV80]

@Infinity Angel

Your post is not clear.

The document is a subpoena for a debtor’s exam meaning a judgment has been rendered by a court against the defendant.  Are you the named defendant?

[GAMEON10]

Thank you and no I am not the defendant. My name and LLC (which again I have never used)  is being used under the fictitious narrative that this Defendant . rendered services for my LLC. 

[GAMEON10]

@BV80thank you for replying and my apologies for not being clear. I’ve never received a subpoena and never heard of one being mailed by regular mail.

[BV80]

1 hour ago, Infinity Angel said:

Thank you and no I am not the defendant. My name and LLC (which again I have never used)  is being used under the fictitious narrative that this Defendant . rendered services for my LLC. 

It is being claimed the defendant worked for you?

[GAMEON10]

1

 

 

[GAMEON10]

 

Are subpoena's suppose to be mailed by certified mail?

This subpoena is as messy and unclear as I described, therefore I cannot apologize for their scrambled tactic but rather for any selfless human being with a heart to help, who can see beyond the rubbish and simply clarify that 

Subpoena's if mailed should be Certified Mail(ed)?

If so and the order of process of the court was not respected and honored what is the deponent improperly mailed a subpoena, within their rights to do?

Do laws of jurisdiction play any part in the subpoena process?

Is the Lawyer filing the subpoena, also the one who signs the subpoena in place of a court clerk, and also holds the hearing in their office and take the place of our courts and a Judge?

How can I respectfully ask the court to require the attorney to show cause and properly disclose to the court any and all documents of proof substantiating their reasons beyond a doubt to call, tie and depose my chosen (never used) LLC, to this judgement and ensure that they will be held to their oath in telling the truth understanding all consequences under legal merits?

Thank you for caring enough to offer some guidance.

 

 

[BV80]

3 hours ago, Infinity Angel said:

 

Are subpoena's suppose to be mailed by certified mail?

This subpoena is as messy and unclear as I described, therefore I cannot apologize for their scrambled tactic but rather for any selfless human being with a heart to help, who can see beyond the rubbish and simply clarify that 

Subpoena's if mailed should be Certified Mail(ed)?

If so and the order of process of the court was not respected and honored what is the deponent improperly mailed a subpoena, within their rights to do?

Do laws of jurisdiction play any part in the subpoena process?

Is the Lawyer filing the subpoena, also the one who signs the subpoena in place of a court clerk, and also holds the hearing in their office and take the place of our courts and a Judge?

How can I respectfully ask the court to require the attorney to show cause and properly disclose to the court any and all documents of proof substantiating their reasons beyond a doubt to call, tie and depose my chosen (never used) LLC, to this judgement and ensure that they will be held to their oath in telling the truth understanding all consequences under legal merits?

Thank you for caring enough to offer some guidance.

 

 

I don’t think you’re being targeted with malicious intent.  It appears to be a subpoena for you to provide employment records for someone who has a judgment against them.  If that person never worked for you or provided services, this could be the result of mistaken identity, or the defendant could have lied at some point about employment.

If it were me, I’d take the subpoena to the named court and speak to the clerk of court.  Ask if it’s legitimate.  If it is, then explain that you don’t know the person, etc.  See what suggestions the clerk has to offer.

Don’t get upset and assume the worst before you get details and explanations.

@Brotherskeeperis from MI and may have some information for you.

[GAMEON10]

T

[Clydesmom]

4 hours ago, Infinity Angel said:

Are subpoena's suppose to be mailed by certified mail?

It depends on the requirements of your state but not always.  It also depends on the reason for the subpoena.

What would really be helpful is if you would post the basic facts and keep all the emotional rhetoric out of it.  This is difficult to follow and all the emotion just makes it worse.  I cannot tell if you/the LLC were sued and now owe money of if they believe someone works for you that owes money.  Can you redact ALL the pages of the subpoena and post them?  There is a lot we can offer if we have sufficient details to go with.

[Brotherskeeper]

Is this a discovery subpoena issued to you (as a non-party to a lawsuit) for your LLC?

 Rule 2.305 - Discovery Subpoena to a Non-Party 

"(6) In a subpoena for a non-party deposition, a party may name as the deponent a public or private corporation, partnership, association, or governmental agency and describe with reasonable particularity the matters on which examination is requested. The subpoena shall be served at least 14 days prior to the scheduled deposition. No later than 10 days after being served with the subpoena, the subpoenaed entity may serve objections, or file a motion for protective order, upon which the party seeking discovery may either proceed on topics as to which there was no objection or move to enforce the subpoena. The organization named must designate one or more officers, directors, managing agents, or other persons, who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. The deposition of each produced witness may not exceed one day of seven hours. The persons designated shall testify to matters known or reasonably available to the organization.

(7) Upon written request from another party and payment of reasonable copying costs, the subpoenaing party shall provide copies of documents received pursuant to a subpoena."

(As amended through September 30, 2020)
Michigan Court Rule 2.105 - Process; Manner of Service
(A) Individuals. Process may be served on a resident or nonresident individual by
(1) delivering a summons and a copy of the complaint to the defendant personally; or
(2) sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the addressee. Service is made when the defendant acknowledges receipt of the mail. A copy of the return receipt signed by the defendant must be attached to proof showing service under subrule (A)(2).
(B) Individuals; Substituted Service. Service of process may be made
(1) on a nonresident individual, by
(a) serving a summons and a copy of the complaint in Michigan on an agent, employee, representative, sales representative, or servant of the defendant, and
(b) sending a summons and a copy of the complaint by registered mail addressed to the defendant at his or her last known address;
(2) on a minor, by serving a summons and a copy of the complaint on a person having care and control of the minor and with whom he or she resides;
(3) on a defendant for whom a guardian or conservator has been appointed and is acting, by serving a summons and a copy of the complaint on the guardian or conservator;
(4) on an individual doing business under an assumed name, by
(a) serving a summons and copy of the complaint on the person in charge of an office or business establishment of the individual, and
(b) sending a summons and a copy of the complaint by registered mail addressed to the individual at his or her usual residence or last known address.
(C) Partnerships; Limited Partnerships. Service of process on a partnership or limited partnership may be made by
(1) serving a summons and a copy of the complaint on any general partner or agent for service of process; or
(2) serving a summons and a copy of the complaint on the person in charge of a partnership office or business establishment and sending a summons and a copy of the complaint by registered mail, addressed to a general partner or agent for service of process at his or her usual residence or last known address.
(D) Private Corporations, Domestic and Foreign. Service of process on a domestic or foreign corporation may be made by
(1) serving a summons and a copy of the complaint on an officer or the resident agent;
(2) serving a summons and a copy of the complaint on a director, trustee, or person in charge of an office or business establishment of the corporation and sending a summons and a copy of the complaint by registered mail, addressed to the principal office of the corporation;
(3) serving a summons and a copy of the complaint on the last presiding officer, president, cashier, secretary, or treasurer of a corporation that has ceased to do business by failing to keep up its organization by the appointment of officers or otherwise, or whose term of existence has expired;
(4) sending a summons and a copy of the complaint by registered mail to the corporation or an appropriate corporation officer and to the Michigan Bureau of Commercial Services, Corporation Division if
(a) the corporation has failed to appoint and maintain a resident agent or to file a certificate of that appointment as required by law;
(b) the corporation has failed to keep up its organization by the appointment of officers or otherwise; or
(c) the corporation's term of existence has expired.
(E) Partnership Associations; Unincorporated Voluntary Associations. Service of process on a partnership association or an unincorporated voluntary association may be made by
(1) serving a summons and a copy of the complaint on an officer, director, trustee, agent, or person in charge of an office or business establishment of the association, and
(2) sending a summons and a copy of the complaint by registered mail, addressed to an office of the association. If an office cannot be located, a summons and a copy of the complaint may be sent by registered mail to a member of the association other than the person on whom the summons and complaint was served.
(F) Service on Insurer. To the extent that it is permitted by statute, service on an insurer may be satisfied by providing two summonses and a copy of the complaint to the Commissioner of the Office of Financial and Insurance Regulation via delivery or registered mail.
(G) Public Corporations. Service of process on a public, municipal, quasi-municipal, or governmental corporation, unincorporated board, or public body may be made by serving a summons and a copy of the complaint on:
(1) the chairperson of the board of commissioners or the county clerk of a county;
(2) the mayor, the city clerk, or the city attorney of a city;
(3) the president, the clerk, or a trustee of a village;
(4) the supervisor or the township clerk of a township;
(5) the president, the secretary, or the treasurer of a school district;
(6) the president or the secretary of the Michigan State Board of Education;
(7) the president, the secretary, or other member of the governing body of a corporate body or an unincorporated board having control of a state institution;
(8) the president, the chairperson, the secretary, the manager, or the clerk of any other public body organized or existing under the constitution or laws of Michigan, when no other method of service is specially provided by statute.
The service of process may be made on an officer having substantially the same duties as those named or described above, irrespective of title. In any case, service may be made by serving a summons and a copy of the complaint on a person in charge of the office of an officer on whom service may be made and sending a summons and a copy of the complaint by registered mail addressed to the officer at his or her office.

(H) Agent Authorized by Appointment or by Law.
(1) Service of process on a defendant may be made by serving a summons and a copy of the complaint on an agent authorized by written appointment or by law to receive service of process.
(2) Whenever, pursuant to statute or court rule, service of process is to be made on a nongovernmental defendant by service on a public officer, service on the public officer may be made by registered mail addressed to his or her office.
(I) Discretion of the Court.
(1) On a showing that service of process cannot reasonably be made as provided by this rule, the court may by order permit service of process to be made in any other manner reasonably calculated to give the defendant actual notice of the proceedings and an opportunity to be heard.
(2) A request for an order under the rule must be made in a verified motion dated not more than 14 days before it is filed. The motion must set forth sufficient facts to show that process cannot be served under this rule and must state the defendant's address or last known address, or that no address of the defendant is known. If the name or present address of the defendant is unknown, the moving party must set forth facts showing diligent inquiry to ascertain it. A hearing on the motion is not required unless the court so directs.
(3) Service of process may not be made under this subrule before entry of the court's order permitting it.
(J) Jurisdiction; Range of Service; Effect of Improper Service.
(1) Provisions for service of process contained in these rules are intended to satisfy the due process requirement that a defendant be informed of an action by the best means available under the circumstances. These rules are not intended to limit or expand the jurisdiction given the Michigan courts over a defendant. The jurisdiction of a court over a defendant is governed by the United States Constitution and the constitution and laws of the State of Michigan. See MCL 600.701et seq.
(2) There is no territorial limitation on the range of process issued by a Michigan court.
(3) An action shall not be dismissed for improper service of process unless the service failed to inform the defendant of the action within the time provided in these rules for service.
(K) Registered and Certified Mail.
(1) If a rule uses the term "registered mail," that term includes the term "certified mail," and the term "registered mail, return receipt requested" includes the term "certified mail, return receipt requested." However, if certified mail is used, the receipt of mailing must be postmarked by the post office.
(2) If a rule uses the term "certified mail," a postmarked receipt of mailing is not required. Registered mail may be used when a rule requires certified mail.
Mich. Ct. R. 2.105

Amended March 28, 2018, effective May 1, 2018.
Staff Comment: The amendment of MCR 2.105 adds reference to service on the "agent for service of process" so that it is consistent with MCL 449.1105(a)(2).

[GAMEON10]

@Clydesmom, respectfully, what would really truly help is if you would refrain from harassing newbies like myself, if you put your guns back in your holster, and remove your threatening signature from your profile that only serves to feed your ego and that no seeker of advice deserves to read. IAM not convinced  you have  jurisdictional knowledge, nor do I believe you have the right heart for the vulnerable seeking helpful advice in this forum when comparing your simple replies to the solid and selfless suggestions offered by respectful leaders in this forum, like  @BackFromTheDebt, @BV80, @WhoCares1000Administrators and moderators. I question how many of your 1200+ posts have been rightfully and fairly counted as" helpful replies" and not intimidating vague, passive aggressive correction based suggestions focused solely on the advice seekers personality, rather than their principle questions and concerns. Your crass delivery suggests that you've misplaced your sensitivity chip, much like that of a "debt collector" and would do better letting out your aggression in the privacy of your own back yard where people are not at risk of being mentally used as target practice and where you can feel like the smartest person in the room, this intimate forum is not it. You DO NOT take the time to READ any questions or concerns from advice seekers, therefore you are only serving to hinder, discourage and delay time sensitive opportunities that could potentially help others reach a peaceful resolution. Creating baseless threads by asking advice seekers to post clearer forms, and more information before you can answer any question, raises yet another red flag ?. So at this point I am going to respectfully ask that the administrators reexamine and investigate the validity of ALL of YOUR 1200+ POSTS, reexamine your residing-STATE(s)/based knowledge, to ensure that your knowledge on Law in all of your claimed JURISDICTION(s)? are fact based and not vaguely general or misleading. I will also suggest reexamining anyone who has found your crass delivery as acceptable, and assisted your numbers by tagging you into a thread, (paying close attention to the welcome of Newbies) for the purpose of protecting the integrity of this site and ensuring that no one lowers the bar of quality information or overshadows the selfless efforts made by proven leaders, who's solid suggestions speak volumes of their good moral character and intentions. 

[GAMEON10]

Reactionary passive aggressive, private messages with a gorilla emoji under different accounts, are probably not a good idea either.(wink)

[BV80]

23 minutes ago, Infinity Angel said:

Reactionary passive aggressive, private messages with a gorilla emoji under different accounts, are probably not a good idea either.(wink)

There is only one poster on this board that I know of that uses a gorilla emoji, and that is an administrator of this site.

[Brotherskeeper]

@Infinity Angel Did you call this attorney's office to inform him/her that you do not know this defendant, never employed her or paid her any sum; the named LLC has been inactive during all times relevant to this matter; you have no documents in response to this subpoena's attached schedule in the above-referenced civil matter involving this defendant?

[GAMEON10]

@BV80 Thank you. It did not say Administrator, or I would have not have mentioned it.

[Clydesmom]

2 hours ago, Infinity Angel said:

Reactionary passive aggressive, private messages with a gorilla emoji under different accounts, are probably not a good idea either.(wink)

I have NEVER private message you or used and emoji.  You can report the messages.  

[Clydesmom]

3 hours ago, Infinity Angel said:

@Clydesmom, respectfully, what would really truly help is if you would refrain from harassing newbies like myself, if you put your guns back in your holster, and remove your threatening signature from your profile that only serves to feed your ego that no seeker of advice deserves to read. IAM not convinced  you have have jurisdictional knowledge, nor do I believe you have the right heart for the vulnerable seeking helpful advice in this forum when comparing your simple replies to the solid and selfless suggestions offered by respectful leaders in this forum, such as  @BackFromTheDebt, @BV80, @WhoCares1000Administrators and moderators. I question how many of your 1200+ posts have been rightfully and fairly counted as helpful replies and not intimidating vague, passive aggressive correction based suggestions on the advice seekers personality, which clearly suggests that you have taken the time to READ THE THREAD, thereby serving only to hinder, discourage which in turn allows you to create a thread by requiring more information, which raises yet another red flag ?. So at this point I am going to respectfully ask that the administrators reexamine and investigate the validity of ALL of YOUR 1200+ POSTS, reexamine your residing-STATE(s)/based knowledge, to ensure that your knowledge on Law in all ofyour claimed JURISDICTION(s)? are fact based and not vaguely general or misleading, as well those of reexamine anyone who has assisted your numbers by tagging you into a thread, so that Administrators of this wonderful and helpful site can maintain it's integrity by determining whether a recount of your numbers is in order that would lead to any corrections and retractions so that the time, effort and numbers rightfully earned by proven Leaders in this forum, who's solid suggestions speak volumes of their good moral character and intentions are not overshadowed. 

Once again your post is full of an emotional diatribe that is not even worth the time to read.  Best of luck.  

[GAMEON10]

@BrotherskeeperYes,  I made the call., I am awaiting communication and should have full clarity soon, truly grateful,  thank you very much.

[GAMEON10]

Thank you.