• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Sheriff's department notice about court documents?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

orion41

Junior Member
I live in Missouri.

A couple of days ago my roommate handed me a slip of paper that said it was from the sheriff's department, asking me to call their office in order to receive court documents.

In the past week I've received letters from lawyers notifying me of, and offering assistance to, a pending lawsuit against a credit card company suing me for past debt. I think the debt has come to <$1000 with all of the interest over several years.

I looked up the lawsuit in Missouri's court website, it was filed about a week ago, and is marked "not disposed". I'm assuming it is "not disposed" because there is no confirmed address on file for me, and that is the purpose of the sheriff's notice.

Am I legally required to respond to this sheriff's notice?

I make $10k/yr or less, which has been the case for at least the past 7 years. I only work part-time, and have been unable to find work that I'm qualified for. I have Social Anxiety Disorder so there are only certain jobs I can do, without having a nervous breakdown, or otherwise working under torturous psychological pain. It also makes job interviews and job searching very difficult.

Given that I live in poverty, could a judge make a default judgement that my wages be garnished and/or property (I have no vehicle..) be seized? What can I expect if this goes to trial? I cannot afford an attorney, or file bankruptcy (which is nearly the same amount as what I owe).
 


FlyingRon

Senior Member
You don't have to respond to the Sheriff, but all it is going to do is delay the inevitable by a couple of days. If you don't arrange to pickup or meet the sheriff to receive the papers, they will come to your house at THEIR convenience and give them to you, another adult there, or tape them to your front door. If somehow you manage to dodge all that they can mail them to you.

You're not going to be able to dodge this for lack of service.

They certainly can get a default judgement when you're served and do not show. Your alleged disability or financial situation is not a defense.
They then can proceed to perfect that judgement. Judgements last a very long time and unless you make some case in appearing, they can garnish or attach everything that looks legally available. You must be proactive to defend what little you have.

I don't know what part of Missouri you are in, but google "Legal Aid" and "Missouri" and you'll find some state regional legal assistance that you can go to for specific advice.
 

tranquility

Senior Member
Why respond to a bad thing?

Let the sheriff do his job. Mail, post, serve or whatever. The clock does not start ticking until you are served. But, don't wait to start gathering evidence or how to deal with what WILL come.
 

orion41

Junior Member
In response to "FlyingRon", a court summons or other documents cannot be mailed to me or given to another person, such as friends or relatives. It has to be delivered in person. I do not appreciate this false information or the nature of your reply.
 

Zigner

Senior Member, Non-Attorney
In response to "FlyingRon", a court summons or other documents cannot be mailed to me or given to another person, such as friends or relatives. It has to be delivered in person. I do not appreciate this false information or the nature of your reply.
Too bad that you don't know what methods of service are valid. :rolleyes:
 

orion41

Junior Member
Why respond to a bad thing?

Let the sheriff do his job. Mail, post, serve or whatever. The clock does not start ticking until you are served. But, don't wait to start gathering evidence or how to deal with what WILL come.
I've always known how to deal with what will come, but it is contingent on time and money. At this point, it's contingent on getting my tax return in a timely manner, and investing in repairing something of value which I can easily sell for twice the debt I owe (half its worth).

If there's a default judgement made, they might take all of my belongings and sell them for 1% of what they're worth to a pawn shop. Then not only would I be robbed of everything I need to live, I'll still owe money I will have to pay off in wage garnishments for a year or so. And on top of that be unable to pay rent. I'll be homeless with no belongings, because they couldn't WAIT to get such a small debt paid back.
 

orion41

Junior Member
Too bad that you don't know what methods of service are valid. :rolleyes:
Certified mail is valid, if you had evidence or record of a person living at an address. If that person recently moved and didn't update their address to their bank, employer, etc., how are they responsible for receiving mail they never got? Or receiving any notice that a lawsuit exists against them?
 

Ohiogal

Queen Bee
Certified mail is valid, if you had evidence or record of a person living at an address. If that person recently moved and didn't update their address to their bank, employer, etc., how are they responsible for receiving mail they never got? Or receiving any notice that a lawsuit exists against them?
That proves Z's point. YOu don't even know what certified mail is.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top