Hannibal, MO asked in Collections for Missouri

Q: Husband has not been served for a credit card debt. Does he have to attend court if he was never served?

We are in Missouri. Law firm has our address and we even called them to settle the debt. They refused to settle, saying they will only accept full amount owed. They've requested a summons twice now, but we've never been served. The deadline just ran out on the second summons. I'm not sure what to do in this situation, as we don't want a default judgement. The court date listed is in 3 weeks.

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Collections Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: If the plaintiff doesn’t claim to have achieved service, then it cannot take a default against him if he doesn’t appear. If he appears without having been served then he waives service.

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