Again, it's hazardous for us to guess at the court rules affecting Nom De Guerre's problem, or really anyone's. The time you have to respond to a summons varies by jurisdiction.
} 10 business days. Weekends and holidays don't ever count
State and county court rules tend to ape the Federal Rules of Civil Procedure with a few local modifications. Time for various actions is calculated typically in *calendar days*. Deadlines get automatic extensions to the next court business day if they happen to fall on Sundays and legal holidays. Curiously, a filing deadline landing on a Saturday does not typically get extended, possibly a "benefit" of electronic filing systems.
} they would be forced to date the document giving you the exact day to respond
Yes, which is why a process server certifies the date of service, which triggers the "shot clock" for whatever response the delivered papers may invite.
} If the case is not on the court's docket, how were you supposed to respond to? [sic]
In Minnesota and a few other places that is exactly the problem defendants have with "pocket filing" rules; lack of corroboration from a court system that a stealth lawsuit is real. Are you getting the idea yet that your damage may vary?
} I always pay the original co
Even though per agreement the collector gets its cut anyway from a "direct" payment? Even if the hired guns broke laws to collect? Even if the original creditor has sold a debt and is therefore long gone?
} If they sold the debt then it will be their responsibility to pay back the buyer
You're kidding, now, yes? The whole point of a bank unloading a "nonperforming asset" is to put some more black ink in its ledgers. The OC sells off a portfolio "as is", no safety netting. It never wants to see that trash again and often makes the buyer agree to never come crying for validation media or any other problems.
} This third party could be a criminal posing as a collector.
The one sentence I'll agree with, conditionally. "Real" collectors can break laws, too, and often do, in which case their prize should be denied.
+1
bob
follow the leech to his car ( if he had one ),,and jot down the plate #
+1
Norm
Many process serving companies find sending women to serve = more doors get opened and serves accomplished. CA has a huge problem with "sewer service" being utilized by eviction and debt collector attorneys. "Sewer service" occurs when the process server fills out a false affidavit, typically in his/her office, and makes up details like date, time, and place of "service."
+2
Retired LEO
If you have any doubt about the validity of papers served on you, consult with an attorney for clarification. If you are certain it is a scam, report it to local law enforcement. In any event, be aware that laws vary from State to State and jurisdiction to jurisdiction and you need to know the law where you live.
-1
sunita mishra
| 3 replies
I got a legal notice which has no signature or seal from government department. Do i respond to it?
In addition to MJG's questions, exactly WHAT appeared at the top of this "legal notice"? (Just about anybody can claim their notice was "legal") You really have to tell us more, including the method of delivery. The phrase "just got" could mean anything from carrier pigeon to delivery in a box of Cracker Jack.
-2
sunita mishra
Legal notice i got is through courier from supreme court lawyer delhi. Letter is neither a stamp or sealed of government. it is sent by my employer behalf whose job i left 6months ago. I have started my own work. I became an rivalry of my ex employer. i didnt signed any agreement or bond where it is written that i cannot do a job or my own business.Plz guide me do i accept that notice & should i reply to it.
The obvious detail no one is asking for is where Sunita Mishra lives .... and it's not necessarily North America.
+1
Previously worked for Law Firms
Sounds like you may have entered in to a DO NOT COMPETE You may not have even realized in upon hire as it's buried in the turns of employment documentation.
Either way most Attorneys do free 1st time consultations
Lastly are you in Delhi, INDIA or USA ? As it's been pointed out (repeatedly) status, laws etc etc vary from state to sate. Country to Country.
Since your original post was 2013 I can only hope this has bee resolved. Research is your friend - court documents are electronically filed. easy to look up for your County and State,
For future readers - get names, DECLINE acceptance IT IS YOUR RIGHT ! As much as we may joke the Clerks o=Office can and will help.
Lat resort - consult an Attorney, many Firms offer *Pro Bono* first time free consultation.
0
Che Chel
Lowest rung on the Civil Litigation Ladder? Process Servers are professional people who perform a service for the Plaintiff or the Defendant, not the court. They are appointed and regulated by the Sheriff's office and they literally take their lives into their own hands when they knock on a door. In Florida, not too long ago a female process server was held at gunpoint for trying to serve papers on an (obviously unhinged) recipient.
Some bum with some papers is not to be equated with a professional Process Server.
-1
Now What
| 9 replies
A man came to our door yesterday. My husband answered the door. He asked for me. He had a stack of papers. The Cover Sheet had the name of a consulting business I used to own 12 years ago. He wouldn't turn them over to my husband. He wanted to know when I would be home. He said he would come back. I am completely mystified. He is suppose to return tomorrow (Saturday). Would any of you have a clue what this could be? I am in Arizona. I checked on line to see if there was any lawsuit filed....no docket number....nothing. This is an awful feeling.
How would any of us know what this is about? The only way to find out is to accept the papers.Do you really think that you can dodge them forever? As far as the SOL on written and oral contracts in Arizona, 12 years is long past. http://www.nolo.com/legal-encyclopedia/statut ... hart-29941.html Remember that you can always represent yourself if necessary, you might qualify for no/low cost help from a lawyer, or at least a free consultation from a lawyer.
Reply to topic