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  1. #1
    watchaduen is offline Junior Member
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    Summons tapes to front door

    What is the name of your state? CO

    The last two Sundays I have come home from work to find a Process Server business card with my handwritten name on it. Something to the effect that I need to contact their office so I can be served with papers. I got home from work last night to see another card. This a.m. (Monday) at 6:00 a.m. (I AM NOT KIDDING) I am awoken to someone pounding loudly on my door. I came downstairs to peek out the peephole and seen a man pounding on my door. I didn't answer nor did I turn any lights on. I was scared. This went on for another 10 minutes of pounding loudly. Later I opened the door and there was a summons. A credit card (Capital One) has hired a lawyer and is suing me. According to my credit report I made my last payment in Feb., 2001. The balance was $2,700, plus they are now adding $2,500 in interest and another $75 for attorney fees. Says I have a court date next month in March.
    I work part-time and bring home approx. $200-300 a week. I also receive $1,200 a month in child support for my 7 yr and 4 yr daughters. I rent my home and also a own a car with a blue book of probably $3,000. I was receiving WIC for my 4 yr. daughter up until this month as she is turning 5.
    What can I do? Can they take my car? I don't make enough to pay them.
    My Mom has offered to offer them $1,500 for a settlement to get them off of my back as I am very worried about all this.
    Do I have to respond to this? I was never served only a summons taped to my front door. No proof that I was served as I see it. Can they put a judgment on me without proof that I was served? Can the Process Server lie and say he served my directly?
    Can they freeze my bank account. I have a couple hundred dollars in there.
  2. #2
    Neal1421 is offline Senior Member
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    Quote Originally Posted by watchaduen
    What is the name of your state? CO

    The last two Sundays I have come home from work to find a Process Server business card with my handwritten name on it. Something to the effect that I need to contact their office so I can be served with papers. I got home from work last night to see another card. This a.m. (Monday) at 6:00 a.m. (I AM NOT KIDDING) I am awoken to someone pounding loudly on my door. I came downstairs to peek out the peephole and seen a man pounding on my door. I didn't answer nor did I turn any lights on. I was scared. This went on for another 10 minutes of pounding loudly. Later I opened the door and there was a summons. A credit card (Capital One) has hired a lawyer and is suing me. According to my credit report I made my last payment in Feb., 2001. The balance was $2,700, plus they are now adding $2,500 in interest and another $75 for attorney fees. Says I have a court date next month in March.
    I work part-time and bring home approx. $200-300 a week. I also receive $1,200 a month in child support for my 7 yr and 4 yr daughters. I rent my home and also a own a car with a blue book of probably $3,000. I was receiving WIC for my 4 yr. daughter up until this month as she is turning 5.
    What can I do? Can they take my car? I don't make enough to pay them.
    My Mom has offered to offer them $1,500 for a settlement to get them off of my back as I am very worried about all this.
    Do I have to respond to this? I was never served only a summons taped to my front door. No proof that I was served as I see it. Can they put a judgment on me without proof that I was served? Can the Process Server lie and say he served my directly?
    Can they freeze my bank account. I have a couple hundred dollars in there.
    First, you should have at least called the company back when you received the first notice that they were trying to serve you with papers. It would have looked like you were trying to make an effort as opposed to avoiding them all together as you have done.

    What can you do?

    Try to gather up as much of the money as you can before the court appearance and call them and see if you can make a payment with that amount. See if you can make arrangements for them to deduct the money from your bank account on certain specified date and of course have the money there.

    Last but certainly not least, get a second job or at least a full time job to pay your bills on time.
  3. #3
    watchaduen is offline Junior Member
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    Very Helpful reply

    Wow, your reply was very helpful and informative. I work part-time since my last child was born disabled. Care providers for disabled children take up most of what I earn, but thanks for all your helpful advice.
  4. #4
    Kanchazi is offline Member
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    [url]http://credit.about.com/cs/debtnegotiation/a/052103a_3.htm[/url]
  5. #5
    Ladynred is offline Senior Member
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    I suspect a process server pounding on your door for 10 minutes at 6AM could be considered disturbing the peace and is certainly unprofessional.

    Leaving the summons on your door does not appear to be improper service in CO:

    e) Personal Service. Personal service shall be as follows:

    (1) Upon a natural person over the age of eighteen years by delivering a copy or copies thereof to the person, or by leaving a copy or copies thereof at the person's usual place of abode, with any person over the age of eighteen years who is a member of the person's family, or at the person's usual place of business, with the person's secretary, bookkeeper, manager, or chief clerk; or by delivering a copy to an agent authorized by appointment or by law to receive service of process;

    (2) Upon a natural person, between the ages of thirteen years and eighteen years, by delivering a copy thereof to the person and another copy thereof to the person's father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to any person in whose care or control the person may be; or with whom the person resides, or in whose service the person is employed; and upon a natural person under the age of thirteen years by delivering a copy to the person's father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to the person in whose care or control the person may be.

    (h) Manner of Proof.

    (1) If served in a state or territory of the United States by a sheriff or United States marshal, or a deputy, by such person's certificate with a statement as to date, place, and manner of service;

    (2) If by any other person, by the person's affidavit thereof, with the same statement;

    (3) If by mail, by the certificate of the clerk showing the date of the mailing, and the date the clerk received the return receipt;

    (4) If by publication, by the affidavit of publication, together with the certificate of the clerk as to the mailing of copy of the process where required;

    (5) By the written admission or waiver of service by the person or persons to be served, duly acknowledged.
    The process server likely, and rightly, assumed you WOULD be home at 6AM, though his methods were pretty brutish.
    What can I do?
    You NEED to answer the complaint as directed in the papers you were served within the specified time limit. Do NOT blow it off !

    Can they take my car?
    Maybe, but it's unlikely they'll bother with it, especially if it's financed.

    I don't make enough to pay them.
    They really don't care. If you don't make at least 30x the Federal minimum wage of $5.15/hr, then at least they couldn't garnish your wages. If you make more than that, they WILL do it.

    My Mom has offered to offer them $1,500 for a settlement to get them off of my back as I am very worried about all this.
    Maybe you'd better take her up on her offer and see if you can negotiate.

    Do I have to respond to this?
    YES, otherwise you LOSE automatically - default judgment for them.

    I was never served only a summons taped to my front door. No proof that I was served as I see it. Can they put a judgment on me without proof that I was served? Can the Process Server lie and say he served my directly?
    You WERE served and the process server will put that into his proof of service affidavit as explained above.

    Can they freeze my bank account. I have a couple hundred dollars in there.
    You bet they can - once they win their judgment they can drain it dry and you will have no advance warning.

    You will probably have one last chance to settle the debt on your day in court. The judgment will include court costs and the attorney's fees and the judgment itself will accrue interest and keep adding to the debt.

    I would add that you do NOT want to let them have free access to your bank account IF you manage to make an agreement. If you go that route, open another bank account in another bank and the ONLY amount in it should be the amount of your agreed monthly payment.

    Make sure you get ANY agreement IN WRITING.
  6. #6
    watchaduen is offline Junior Member
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    Finally a helpful reply

    e) Personal Service. Personal service shall be as follows:

    (1) Upon a natural person over the age of eighteen years by delivering a copy or copies thereof to the person, or by leaving a copy or copies thereof at the person's usual place of abode, with any person over the age of eighteen years who is a member of the person's family, or at the person's usual place of business, with the person's secretary, bookkeeper, manager, or chief clerk; or by delivering a copy to an agent authorized by appointment or by law to receive service of process;

    (2) Upon a natural person, between the ages of thirteen years and eighteen years, by delivering a copy thereof to the person and another copy thereof to the person's father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to any person in whose care or control the person may be; or with whom the person resides, or in whose service the person is employed; and upon a natural person under the age of thirteen years by delivering a copy to the person's father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to the person in whose care or control the person may be.>>>

    Maybe I am not reading this right, but it says it has to be delivered to a person? Funny thing is, I was home but my car has been in the shop for the past week. My roomates car was in the driveway but she just moved her from Indiana, so it didn't even have Colorado plates on it.

    My car is paid for and not financed, but I didn't think they would take away the only vehicle used for working purposes and to get my disabled daughter to all her medical and therapy apppointments. But they can take it huh? Now that has me worried.

    I will see if they will accept the money and do an offer in compromise. I guess it can't hurt at this point.

    If they don't I guess I will just file for bankruptcy and at least in another 10 years my file will be clean. I have many items on my credit and they would all be cleared after 10 years right?
  7. #7
    Ladynred is offline Senior Member
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    Well, you can certainly challenge the service of process, since it was not given to 'a person'. Find out what the proof of service says, process servers have been known to LIE.

    My car is paid for and not financed, but I didn't think they would take away the only vehicle used for working purposes and to get my disabled daughter to all her medical and therapy apppointments. But they can take it huh? Now that has me worried.
    The fact that it's your only vehicle won't stop a siezure, there is nothing in the law that says you get to keep the car just because it's your only means of transportation. However, you DO have exemptions available that may protect the vehicle and your child's disability may help you there too. However, even though the car is paid for, they're still not likely to take it, they just can't get enough for them at auction to make it worth the hassle - unless you're driving a Rolls.

    If they don't I guess I will just file for bankruptcy and at least in another 10 years my file will be clean. I have many items on my credit and they would all be cleared after 10 years right?
    That is an option open to you. If you have other bad debts on your reports, they will come off your reports in 7-1/2 years from the date of first delinquency. Filing for bankruptcy will not change that.

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