Certified Letter; Collection Law

[ksmiley]

Indiana
I received a notification form the US Post of that I have a certified letter in waiting for me to pick up. My first choice was not to pick it up. However, someone told me that if someone is sueing me (for a medical bill as an example) and the letter is for a court appearance. If I don't show up, the palintiff will automatically win their case and I could face garnishment. Is this true?
Thanks!

 

[TinkerBelleLuvr]

If you don't pick up the letter, then they can send out a process server to make sure it gets delivered to you. I'm sure all the neighbours will love seeing them show up.

 

[Zigner]

Indiana
I received a notification form the US Post of that I have a certified letter in waiting for me to pick up. My first choice was not to pick it up. However, someone told me that if someone is sueing me (for a medical bill as an example) and the letter is for a court appearance. If I don't show up, the palintiff will automatically win their case and I could face garnishment. Is this true?
Thanks!

It's entirely possible.

 

[ksmiley]

What is a process server? Sounds scary...

 

[Zigner]

What is a process server? Sounds scary...

It's somebody who comes out and hands you the papers.

I think you may be served by "publication" - which means that, if you don't read the legal notice sections of your local papers, you might lose the case without even knowing you have been sued!

Grow up - don't ignore this.

 

[TinkerBelleLuvr]

What is a process server? Sounds scary...

I think they all think their name is Bruno ...

anyway, it's someone who will certify that they delivered said paper(s) to you.

 

[dfromnyli]

pick up the letter.

 

[cosine]

What is a process server? Sounds scary...

It's just the procedure to make sure you know that you need to appear in court to defense your side of a case. If you have any defense at all, you need to follow the instructions on the service papers. This may involve filing an answer/response, requesting a hearing, or appearing at a hearing already scheduled. Follow the directions. If confused, tell us what those directions say and someone here can explain what they mean.

BTW, a lawsuit is NOT about whether or not you can pay. It is entirely about whether or not you owe a debt and if the debt justifies a judgment to allow greater enforcement for the creditor/plaintiff to collect what is owed to him. A defense of "I have no money to pay" is not relevant. Defenses that might be applicable when sued for a debt include: you are not the one who owes it, or the amount of the debt is wrong (note that interest, collection costs, and legal fees, can all be added to the debt), or the debt is not valid for some reason (example: merchandise was never delivered), the statute of limitations had expired when the suit was filed.

If you want the issue of your financial ability to pay to be considered, you may in certain cases be able to obtain a hardship exemption to garnishment. Otherwise, the place for that is Bankruptcy court.

If this is a valid debt you owe, you should have paid it earlier. Letting it go to this point raised the costs for the creditor who will now want to be made whole for all of the collection and legal costs, plus the time value of the money (interest).

 

[ecmst12]

You should ALWAYS pick up your certified mail. A certified letter is considered "delivered" in a court of law a certain number of days after it is sent (5? 10?) and the court will assume you read and were aware of the information contained in the letter if it were ever to be an issue that came before a court. You won't get to claim that you didn't receive or read the letter, that won't be an excuse.

 

[cosine]

You should ALWAYS pick up your certified mail. A certified letter is considered "delivered" in a court of law a certain number of days after it is sent (5? 10?) and the court will assume you read and were aware of the information contained in the letter if it were ever to be an issue that came before a court. You won't get to claim that you didn't receive or read the letter, that won't be an excuse.

That is, of course, if the notice that certified mail was available was actually received by the addressed person, such as in the case of our OP, and that timing allows the OP to actually get it (as opposed to a case where, for example, the recipient gets the notice Saturday evening when returning from a business trip, and has to leave again Sunday night for another business trip).

I am so amazed at the many provisions that courts appear to have (at least described by some posters here) that are tantamount to kangaroo courts. Why would a court assume something the court knows very well is completely and totally false?

The general PUBLIC (or at least most of it) has a belief that courts are honest, factual, logical, and do things right. We can see that because we generally see that most people attempting to evade courts are attempting to evade the correct and honest decisions they expect from such courts. Yes, even deadbeats generally expect courts will make correct (not for their benefit) decisions. BUT when you start posting about how courts do things WRONG ... wrong in the sense of reasonable common sense ... despite the laws often allowing this wrongness to take place, you are shattering the trust people have in courts. I'm not concerned about the OP's trust (he's the deadbeat here trying to evade the court). I am concerned about the honest person who realizes that there are other circumstances where certified delivery truly and honestly cannot be made for one of many reasons, and sees that courts subvert the due process rights people have.

At least tell me if you think it is right or wrong for courts to make assumptions like this.

 

[Antigone*]

I think they all think their name is Bruno ...

anyway, it's someone who will certify that they delivered said paper(s) to you.

The process server in my neighborhood is named Guido

 

[dfromnyli]

I serve process all the time and my name is David =)