Knoxville, TN asked in Bankruptcy, Copyright, Arbitration / Mediation Law and Collections for Tennessee

Q: Attempt to be served after setting up payment arrangement with creditor’s lawyers.

I have had correspondence with lawfirm who agreed to payments on a debt. Today there was a card from a lady who tried to serve me for a lawsuit. I haven’t been able to find anything about the lawsuit yet and am unsure of how i would find this. Any advice? The payments have not defaulted.

2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Estate Planning Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: If a lawsuit has been filed, it is a public record at the courthouse. However, it will only be filed in one county ( not all of them) and many times, the plaintiff has a choice as to which county they may elect to file in. For example, if the debt is the result of an auto accident, the plaintiff can file in the county where the accident occurred or in the county where you ( the defendant) resides/lives ( and those two are not always the same). To decide where to look for the lawsuit, one needs to examine the nature of the claim- if it arises from a contract, the contract itself may dictate where any lawsuit gets filed.

Don F. Harris and Bruce Alexander Minnick agree with this answer

Don F. Harris
Don F. Harris
  • Bankruptcy Lawyer
  • Albuquerque, NM

A: Mr Grefseng is correct.

I would add that it rarely benefits anyone to avoid service. If you received a card, call the person who left it and arrange to meet them to receive whatever it is . Then you know what you are dealing with and can ask better questions.

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