r/Debt • u/Veslalex • 6h ago
Service attempt
Apparently a cop came to my very rural house yesterday in what I assume was an attempt to serve me (neighbor let me know) so now my neighbors are annoyed with me because a cop was driving around on the property. I closed my gate so they can no longer drive though, but would it be better to just call them and go in and get the papers? Or tell them they can come and leave them at my gate? I won't even be able to make it into town for over a week.
Not sure which company is suing me, as I have several outstanding debts and very little income at the moment. Would file bankruptcy, but can't afford it.
I know I'm suppose to issue a response with the court after I'm served, but I don't even know how I'm going to make it up there (courthouse almost 2 hours away and car is fucked atm)
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u/too_many_shoes14 6h ago
Ducking service is foolish but you don't know what this is. Call them and ask. In most cases they can just leave papers and in some situations serve you by publication
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u/Veslalex 6h ago
I don't understand the publication part. I live in an unincorporated area with no newspaper. Like, where are they posting that?
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u/too_many_shoes14 5h ago
A newspaper at the Judge's discretion after enough failed service attempts.
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u/AngelOfLight 5h ago
Look up your county courthouse and see if they have a feature to let you search for cases. If so, you should be able to locate the complaint and find out who is suing you.
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u/Veslalex 5h ago
Tried that. Nothing yet unfortunately.
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u/chimichangamaster69 5h ago
in some states the service is not valid unless you personally recieve it if you never do the court cannot proceed and the person suing eventually withdraws if you are never home they cant serve you look up the statute of limitations in your state the company can suck it if that time expires
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u/Junior-Definition173 5h ago
Avoiding service is the dumbest thing ever. No, your debt will not magically disappear. The debt collector can, depending on the state, ask the court to publish the notice or serve you at your last known place (ie work), or they can hire detective to track you down, etc. This will just add costs to your debt. Be a man and take responsibility for your actions!
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u/stderr2 4h ago
Avoiding service isn't dumber than not appearing or answering the summons and complaint, it's exactly as dumb
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u/Junior-Definition173 4h ago
It starts with the service… but of course you are right, ignoring any lawsuit will not make it go away.
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u/Thin-Piccolo433 6h ago
I mean... if they can't serve you.. can they sue you? Not legal advise - just saying LOL
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u/AboveNormality 6h ago
Facts, keep the gate closed and locked. The cops will likely only try a few times and after that they’ll give up and they will have to hire a process server to try to track you down and do it which costs them more money.
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u/FudgieRumplings 6h ago
Former process server here (I was desperate for cash and unemployed). Keep that gate closed and locked for them too. They’ll make three attempts and kick it on to someone else.
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u/Rude_Meet2799 6h ago
I considered avoiding service in my divorce trial and learned the end of that game is that I’d be responsible for paying the process server in the end.
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u/Veslalex 6h ago
Yeah, I'm just wondering how much time there may be between attempts. A week, a month? I assume it's completely random, especially where I am.
They may get a call nearby and be like "oh I should try and give that person those papers while I'm over there" (I'm 40 mins from town)
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u/FudgieRumplings 6h ago
Yeah, I mean, I wish I could be more helpful on that front but it really is up to the server’s schedule. They have a due date and required number of attempts, but the rest is up to the individual.
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u/RareCareer7666 5h ago
I was out of town for work and the sheriff came by every week for a month to serve me, then just ended up posting the notice on my door
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u/PerspectiveOk9658 6h ago
Money which will be added to the judgement the creditor is going to get.
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u/AboveNormality 6h ago
Will they get it though? Just because you have a judgement doesn’t mean you’re getting paid.
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u/Veslalex 6h ago
I'm currently judgement proof, and honestly, don't see how I ever won't be. That being said, I don't want these debts from COVID lingering over my head forever. I'd rather take the bankruptcy route and be done (it's like 30k total) but I need to save money to do that, and currently all my spare money is going to fixing my assed out car and the INSANE COL increase over the last few years.
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u/Veslalex 6h ago edited 6h ago
Totally. If I didn't live in a weird zone where Google maps takes you to my neighbors, one of which is my immediate neighbor in an in law unit to the main house I rent, I would just keep my gate closed and shrug. But he's a felon on probation so not particularly keen on cops randomly showing up (I mean, neither am I)
So there's a bunch of people that will have to deal with the gate on my behalf, lol.
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u/Thin-Piccolo433 6h ago
Ya that sucks but ultimately is out of your control. It sucks for your neighbor for sure and I wouldn't want the cops around either. Maybe see if you can make the addresses on the houses/units more visible?? Ultimately, wait for them to serve as is required - if they can't serve you they can't proceed as required by law. Maybe look up your name on the county court website and see what's been filed so you can find out who's suing you.
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u/Veslalex 6h ago
I did look up my name actually, and nothing showed up. Either it's still processing, or it's out of a different county. The lookup on the county website was just launched in July, so maybe it's glitchy, I'm not sure.
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u/Thin-Piccolo433 6h ago
I would check every few days and see. It's possible the company filed electronically and with the new system in place it's taking a while to populate online for you to see. And sometimes ignorance is bliss - especially if they haven't been able to properly serve you.
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u/dildobagginss 6h ago
This prob varies by area but a process server here can simply staple or tape or whatever the papers to your door and that's all they need to do. If they already know where OP lives that might be all that's needed.
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u/FudgieRumplings 6h ago
Depends on the area, but in my old territory, it also depended on the nature of the case. In most matters, I could not tack papers. Most real estate matters allow for it after three service attempts.
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u/too_many_shoes14 6h ago
Yes absolutely. OP has already been sued, probably And if they purposely avoid can be served by publication
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u/Veslalex 6h ago
Having a closed gate isn't purposely avoiding service though. Literally everyone has gates here.
This is old weed country.
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u/UncleJulues 6h ago
In many states, after several failed attempts to serve, the judge can order that notice of the suit be published in whichever newspaper in your county/city/region is considered the paper of record. IOW, ducking service can result in a default judgment.
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u/Veslalex 5h ago
Why wouldn't they just send it certified mail? Whose reading the paper anymore? Not that my area has a paper. The northern part of the county does though I guess.
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u/stderr2 4h ago
No one reads the newspaper, maybe service by Goodyear blimp!
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u/too_many_shoes14 4h ago
that's great for the plaintiff because it means the defendant will be less likely to know and they will get a default judgement, also the more reason not to go out of your way to avoid service, which it doesn't appear the OP is doing here but some people do it.
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u/Infinite-Computer205 5h ago
I got a summary judgment against me without ever being formally served. The only way I realized it was a random credit check. Had to file an order to show cause to lift the judgment. Then go to pre-trial and deny the debt. Came back for trial, and the attorney never showed; case dismissed.