My sister called me this morning and said while she was in the shower, there was a knock at the door and my BIL answered and the man asked for my sister. When he was told she was in the shower, the man gave my BIL papers and said be sure she gets this. She was served papers from a creditor she owes....Capital One for $883.00 and was told to go to the court house the second Monday after the day she's served. I told her that I believed if you are served, the server has to to give the person served the papers in their hand. She did say she does owe the money but it happened in 2004 after her first husband passed away and she didn't have the money to pay. For a while she was paying ten dollars here and there but even that got to be too much. She really doesn't have the money to pay now either. I have two questions, first is the Monday March 31? And since she didn't get handed the papers directly, does she have to appear? I told her if she didn't they will probably put a judgement against what she owes and take the little she does have in the bank (less than $400) away.

sandy

I'm not sure, I think the laws are different in each state. I thought they had to deliver the papers to you directly....but recently my son was served papers (a ridiculous car accident lawsuit where no one was hurt and not much damage, but anyway) and they put the papers in the mail box. We were all home, and there was no knock on the door at all. I spoke to my insurance and several of their lawyers after this. They all wanted to know how the papers were served, but they all said that it was legal and I had to accept them.

__________________

I would think it would be the 24th, seems like the papers would have the specific info? Does she have internet access? Send her to creditboards.com (the forums). Also seems like they'd have to give her time to respond or get her stuff together, so it may in fact be the 31st

Someone answered the door and accepted the papers so I think that's valid, but go to that other site and ask! There's also a chance that either they don't really show up (I guess there's some way to do this so they still get the default judgment if she didn't show up?) or they don't have the proper paperwork to prove she owes this money.

I don't think it's quite as easy as just getting a judgment and then taking the money she has in the bank, they have to find the money or her job to garnish.. my parents have gotten judgments on past renters and I don't think they've gotten much money because either they couldn't find the people, or they find them and then they disappear again. Not sure if that would be the case if your sister showed up (which could possibly prevent the judgment in the first place).

I am not sure about what she needs to do but I was recently served to appear in court to testify. The officers didnt even come to the house, he called me on the phone and told me. He told me it was good enough in the eyes of the law and I should consider myself served.

Darlene

__________________
Sell crazy some place else, we are all stocked up here.

Creditboards.com is the best place to go for advice I have taken on several creditors in court now and won as htey couldnt prove I owed the debt and in a couple of cases couldt even prove it was me they were looking for (it wasnt someone else with my same maiden name) and a few were past Statute od limitations for collections (SOL). The group at Credit Boards are awesome.

__________________
~ Christine ~
Grammie to Trinity Lorayne Jean Keens Born June 9, 2011 Loving my awesome guitar picking 100% Country Boy boyfriend Kenny !
RIP Daddy~ 01/24/1930-06/01/2007 I miss you !
Dont Think you Can .. know you can ~ Jeff Hardy