Credit cards suing

What is the name of your state? Nevada

This is a long story. My husband is disabled. We were robbed a couple of years ago and had our identify stolen. I did everything right as far as notifying card companies, etc. They failed to cancel cards and the cards were used for cash advances at ATM machines. I had done everything to try to get them to cancel the cards but they did not. I have since moved and have no home currently. I have had a lot of emotional stress regarding this situation. All of my paper work is stored in a storage unit, not even sure where. I financially cannot afford to hire an attorney to go after them. They tried to serve papers to my mother's home and recently a sheriff left a card in our post office box. These are unsecured credit cards. I do not want to go to court and my husband is unable. What are my options? We only own a truck outright. Nothing else except a piece of property that is in my husband's name, his brother and sister's name in California. Again, I cannot afford to hire an attorney and emotionally cannot handle reliving the incident of being held at gunpoint for 2 hours. Also not sure I can find my letters that were sent to them. Any advice would be helpful.

[JETX]

Based solely on the contents of your post, it is clear that you have no intention of defending yourself against these claims (even if you have a defense), so the answer is obvious. The creditor(s) will get a judgment against you and then pursue any non-exempt assets that are in the defendants name (yours and/or your husband).

If you have any non-exempt assets, they will be seized. If the debtor doesn't, then there is nothing to be seized.
Pretty simple.

Can they get a judgement if we have not been served? Can they just leave the summons in a post office box or at my mother's home? Depending on my husband's condition and what medical treatment he is recieving, I will try to defend us. His health comes first.

[JETX]

Originally Posted by dsulzinger

Can they get a judgement if we have not been served?

They aren't supposed to, but it does happen. Also, 'service' can be made several ways, up to and including simply publishing the notice in the local paper if they can't locate you or is you successfully avoid personal service.

Can they just leave the summons in a post office box or at my mother's home?

Post office, no. Mothers home (if it your address), yes.

Nevada allows the following service on an individual:
"In all other cases to the defendant personally, or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process."

General. When the person on whom service is to be made resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, and the fact shall appear, by affidavit, to the satisfaction of the court or judge thereof, and it shall appear, either by affidavit or by a verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made, and that he is a necessary or proper party to the action, such court or judge may grant an order that the service be made by the publication of summons."

[Ladynred]

I suggest you contact Legal Aid in your area for some help. You could also call your local Bar Association and find out if there are any lawyers in your area doing pro bono (free) work that could help you.