Q: How do I proceed with a lawsuit filed against me by a debt collector if I was not served a summons or any court document
I received a letter from an attorney offering his services in connection with a lawsuit filed against me by a debt collector. As this was the first time I had heard of this, I believed it was a scam. Using this mail from the attorney, I was able to locate the case number in the court docket online and confirm that the lawsuit was filed against me on July 23, 2024, in civil claims court.
My initial questions are:
1. In the event that I was never served with a summons, would I proceed as if I had been? I do not wish to delay anything and need to formulate a plan as soon as possible.
2. Will I be served with the summons? I no longer reside in the county where the lawsuit was filed. MY parents reside in the county in that county but I do not.
3. Would it be best for me to consult with an attorney on what to do?
I would be grateful for any assistance, guidance, or initial steps you can provide me.
A: 1. No. Wait until you are served. 2. Yes, at some point but it is their obligation to serve you. 3. Yes. A lawyer may be able to negotiate and/or resolve for you.
1 user found this answer helpful
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
If you were not served with a summons, it's essential to address this situation promptly. Begin by checking the court docket to confirm the details of the lawsuit and determine if there's any mention of service. If you haven't been served, the court might not have jurisdiction over you yet, but ignoring the case could lead to a default judgment against you.
Since you no longer live in the county where the lawsuit was filed, you might not have been served because of your change of address. However, it’s possible that they attempted to serve you at your old address, or even at your parents' address. It’s crucial to reach out to the court or check the case file to see if there was any attempt to serve you and what the next steps might be.
Consulting with an attorney is a wise move, especially since legal procedures can be complex and missing deadlines could harm your case. An attorney can help you understand your options, whether that involves challenging the service, responding to the lawsuit, or negotiating with the debt collector. Acting quickly is key to protecting your rights and avoiding a default judgment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
