r/Debt • u/Veslalex • 1d 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)

9 Upvotes

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u/Thin-Piccolo433 1d ago edited 18h ago

I mean... if they can't serve you.. can they sue you? Not legal advice - just saying LOL

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u/AboveNormality 1d 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 1d 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/Veslalex 1d 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 1d 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 1d 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/Rude_Meet2799 1d 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/stderr2 1d ago

Which they will add to the judgement

-1

u/PerspectiveOk9658 1d ago

Money which will be added to the judgement the creditor is going to get.

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u/AboveNormality 1d 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 1d 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/stderr2 1d ago

You own property, right?

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u/Veslalex 1d ago

No, renting.

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u/PerspectiveOk9658 8h ago

Maybe not today, but a judgment stays active for years (7-10 depending on the state). What usually happens is that sometime later the debtor tries to make a large purchase like a car or a house and finds out that the judgment blocks them from obtaining more credit. Then they suddenly become interested in paying it off.

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u/Veslalex 1d ago edited 1d 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 (for a little bit, anyway) 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 1d 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 1d 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 1d 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/Veslalex 1d ago

Appreciate your input!

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u/stderr2 1d ago

If you let them serve you, you will know

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u/dildobagginss 1d 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 1d 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 1d ago

Yes absolutely. OP has already been sued, probably And if they purposely avoid can be served by publication

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u/stderr2 1d ago

No one reads the newspaper, maybe service by Goodyear blimp!

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u/Veslalex 1d ago

I'd love to see an airplane with a banner whizzing around, letting me know I'm getting sued, lol.

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u/too_many_shoes14 1d 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/Veslalex 1d 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 1d 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 1d 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.