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Fiance's Ex served with papers - he's listed as a co-defendant. What should we do?

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futurestepmom

Junior Member
What is the name of your state?What is the name of your state? Louisiana

In August 2003, my fiancé’s ex wife (wife then) took out a loan using HIS titled pickup (she was not listed on title, but it was acquired during marriage) and 53” TV as collateral. He didn’t know about the loan until he got home from being overseas. Well, after he left to go back overseas, she wrecked the pickup. It was at that time that she stopped paying on the loan. So, the husband and son of the owner came out and took the truck and TV, never asking the ex wife to sign anything before leaving with the items.

In March, 2005, the Ex was served with papers on a lawsuit that lists both her and him as defendants. The Sheriff’s office had papers to serve each of them individually. My fiancé wasn’t there to receive his, The Ex was. The sheriff’s department asked The Ex if she wanted to take my fiancé’s papers for him, she said no.

Now, the paperwork says that they have 10 days from date of receipt to respond. She hasn’t responded. Should she respond even though it is late? Also, can they even set a court date if my fiancé is not there and hasn’t been served? I don’t think they can, but that’s why I am asking for information.

What does my fiancé need to do?
 



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