Question about Summons
Citigroup is getting nasty. While I was out last night they tried to leave a summons with my girlfriend (who has nothing to do with the account). The envelope with the summons was sticking in the door hanging out in the rain.
Is this proper or can I claim I was not properly served or something like that?
I wouldn’t think that is a proper summons, I would think that you would have to be handed that personally, but I’m no expert. I received a summons a week and a half ago and it was from a county Sheriff personally. It should be interesting to see if anyone else has some other insight. Good luck to you. Mine was from Capital One, it sucks having to go down this road.
Still in some states, you do not have to be served personally, posting on your door at your place of residence is considered duly served. Best to check with an attorney in your area to be sure what is appropriate for your area.
Just wondering, how far behind was you before they served the sunnons? I think I am going to be in the same situation. I appreciate the info. Good luck to you.
From what I read of it, they say three years. To be honest, I was so annoyed and was so busy with work I didn’t look at it yet. I’m going to check it out in the next day or so if you want to check back with me next week.
Mine had been turned over to a collection agency for over 6 months and I made a $10.00 payment back in November, we cut off our regular phone and they weren’t able to contact me so then they served the papers. I talked to the law firm who is doing the lawsuit after I got served and he said they had been trying to contact me and since they couldn’t reach me they served the summons and said they are still willing to work with me, but we are going to file bankruptcy.
My attorney advised me on how to respond to the summons and it will buy me a little time, hopefully enough to avoid garnishment or other actions. The lawyer told me that interest is accruing at $5.00 a day so that is 150 a month in just interest so I would probably need to give them at least 200 a month but I can’t even afford that so I am praying that we can get filed quick enough to avoid legal action from them.
I have a question for anyone. I was able to settle all debts w/ either the collection agencies or the credit card company. except Citibank. they want to take me to court. their lawyer also said if i dont pay them ( i dont have enough to pay in full. the debt is 5K) that if i dont pay them. they can have me arrested. is that true?
NO! They cannot arrest you. What will happen though is your wages will be garnished. They can take up to 25% of your gross pay each paycheck until the debt is satisfied. They may also be in trouble for telling you that you could be arrested. That is illegal.
If that threat came from a lawyer, you can report him/her to the state bar, and if was someone claiming to be a lawyer who is not, the bar would be interested in that also.