Certified Mail from Lawyer..Need Help

[sonn4u75]

What is the name of your state?Ohio
I owe a company $4000.By the time i called them to make payment arrangements, they already assigned my file to a lawyer.Lawyer contacted me through mail.I called him and told him on phone that i owe that money and i need a payment plan.He got back to me after co-ordinating with the company and said if i can show 2 denails for loan, they will aloow me to go on payment plan.I'm still working on getting a loan to pay this debt.I know my credit history is bad and i will be denied.But anyways today i got a certified mail receipt from the lawyer.I didn't not pick up the mail from post office yet.I'm guessing it is probably the court date and i'm being served....All i need is a little bit of time to take care of this....what will happen if i don't receive the certified mail and return it to the lawyer...will the court still go on with the judgement/trail day ?Any help is appreciated.

Thanks

[lovefish1]

CA

I am not sure (Please see this little add on) (because I am in California the law may be different in your state) , but you must be served with papers regarding a lawsuit. That means if you have not been served with papers from a process server that came to your door or work, than they have not served you and can not go to trial without be served. The letter would be certified by the court then you could be served that way. But I would try to work it out with them if possible. I am not sure what the certified mail is for? It could be anything. (But check with a lawyer or your local court.)

Good luck!!!

[JETX]

Originally Posted by lovefish1

I am not sure

Then why the hell did you feel compelled to answer!!!
Geeeeeeze...

[JETX]

And now for some REAL answers.....

Originally Posted by sonn4u75

He got back to me after co-ordinating with the company and said if i can show 2 denails for loan, they will aloow me to go on payment plan.

Are you sure that this a real attorney??
Reason is... this just doesn't sound right.... and sounds more like a 'debt collector' tactic.

what will happen if i don't receive the certified mail and return it to the lawyer...will the court still go on with the judgement/trail day ?

If this really is an attorney and if he is really committed to sue, there are other methods available to notice a lawsuit in Ohio. They are:

Rule 4.1 Process: Methods of ServiceAll methods of service within this state, except service by publication as provided in Civ. R. 4.4(A), are described in this rule. Methods of out-of-state service and for service in a foreign country are described in Civ. R. 4.3 and 4.5.
(A) Service by certified or express mail. Evidenced by return receipt signed by any person, service of any process shall be by certified or express mail unless otherwise permitted by these rules. The clerk shall place a copy of the process and complaint or other document to be served in an envelope. The clerk shall address the envelope to the person to be served at the address set forth in the caption or at the address set forth in written instructions furnished to the clerk with instructions to forward. The clerk shall affix adequate postage and place the sealed envelope in the United States mail as certified or express mail return receipt requested with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered. The clerk shall forthwith enter the fact of mailing on the appearance docket and make a similar entry when the return receipt is received. If the envelope is returned with an endorsement showing failure of delivery, the clerk shall forthwith notify, by mail, the attorney of record or, if there is no attorney of record, the party at whose instance process was issued and enter the fact of notification on the appearance docket. The clerk shall file the return receipt or returned envelope in the records of the action. All postage shall be charged to costs. If the parties to be served by certified or express mail are numerous and the clerk determines there is insufficient security for costs, the clerk may require the party requesting service to advance an amount estimated by the clerk to be sufficient to pay the postage.
(B) Personal service. When the plaintiff files a written request with the clerk for personal service, service of process shall be made by that method. When process issued from the Supreme Court, a court of appeals, a court of common pleas, or a county court is to be served personally, the clerk of the court shall deliver the process and sufficient copies of the process and complaint, or other document to be served, to the sheriff of the county in which the party to be served resides or may be found. When process issues from the municipal court, delivery shall be to the bailiff of the court for service on all defendants who reside or may be found within the county or counties in which that court has territorial jurisdiction and to the sheriff of any other county in this state for service upon a defendant who resides in or may be found in that other county. In the alternative, process issuing from any of these courts may be delivered by the clerk to any person not less than eighteen years of age, who is not a party and who has been designated by order of the court to make service of process. The person serving process shall locate the person to be served and shall tender a copy of the process and accompanying documents to the person to be served. When the copy of the process has been served, the person serving process shall endorse that fact on the process and return it to the clerk, who shall make the appropriate entry on the appearance docket. When the person serving process is unable to serve a copy of the process within twenty-eight days, the person shall endorse that fact and the reasons therefor on the process and return the process and copies to the clerk who shall make the appropriate entry on the appearance docket. In the event of failure of service, the clerk shall follow the notification procedure set forth in division (A) of this rule. Failure to make service within the twenty-eight day period and failure to make proof of service do not affect the validity of the service.
(C) Residence service. When the plaintiff files a written request with the clerk for residence service, service of process shall be made by that method. Residence service shall be effected by leaving a copy of the process and the complaint, or other document to be served, at the usual place of residence of the person to be served with some person of suitable age and discretion then residing therein. The clerk of the court shall issue the process, and the process server shall return it, in the same manner as prescribed in division (B) of this rule. When the person serving process is unable to serve a copy of the process within twenty-eight days, the person shall endorse that fact and the reasons therefor on the process, and return the process and copies to the clerk, who shall make the appropriate entry on the appearance docket. In the event of failure of service, the clerk shall follow the notification procedure set forth in division (A) of this rule. Failure to make service within the twenty-eight-day period and failure to make proof of service do not affect the validity of service.