should I show up in court

[firefire808]

What is the name of your state (only U.S. law)? Oklahoma
I'm named in a suit along with a bank. The bank denied me financing because the numbers did not qualify for the debt coverage ratio. The bank has received a certified letter naming me and the bank in a lawsuit. I have not received a certified letter. Do I have to show up in court if I do not recieve a letter informing me of this lawsuit?

 

[swalsh411]

You haven't provided enough information. Why are you being sued by name along with the bank? And what does denying you financing have anything to do with it? Generally, I would say it's a good idea to show up if you're being sued, but like I said your post doesn't contain a lot of useful facts.

Or are you suing the bank because you were denied and you're wondering if you should show up to court? If so, that's a pretty stupid question.

 

[cosine]

What is the name of your state (only U.S. law)? Oklahoma
I'm named in a suit along with a bank. The bank denied me financing because the numbers did not qualify for the debt coverage ratio. The bank has received a certified letter naming me and the bank in a lawsuit. I have not received a certified letter. Do I have to show up in court if I do not recieve a letter informing me of this lawsuit?

How did you hear about this suit? If the bank is the only party getting a certified letter, did they contact you about it? Did they give you a copy? If not, did you demand a copy? Can you find out who the plaintiff is in the suit? Can you get the case number and court/jurisdiction name? If you got the name of the plaintiff, is there any history you are aware between you and that plaintiff?

I suggest you get a copy of all your credit reports.

 

[firefire808]

suit

I was in the process of buying a mobile home park. The park was stated to have 28 spaces with 23 occupied. The contract stated that I had to have due diligence and financing in place by may 25. The bank required an alta survey on the property. The buyer and seller agreed to split the survey 50%, 50%. The invoice for the survey is $1900. We received up to date rent rolls after the may 25th deadline. The rent rolls showed 21 trailers, but only 18 were occupied. when I informed the bank of this they denied credit. I asked for a release of contract and for my earnest money to be returned. He refused and filed a suit against me and the bank in the amount of $2400 for the alta survey. The alta survey invoice is only $1900. The bank received a certified letter naming me and the bank in the suit. I have not recieved a letter in the mail. The only thing I have received is a copy of the letter in an email from the bank. But it lists my business name and address wrong. I have agreed to pay my half of the survey only if I get reimbursed my part for the survey if the sellers use this survey in the future. They declined. This guy is being a real jerk.Because he is a jerk I would like to just drag this out. Do I have to show up in court, if I have not received any notice other than from the bank? I have spent around $3000 on appraisal and due dilegence etc. Can I file a counter suit for this and how do I go about it. Why do I need a copy of my credit report.

 

[latigo]

One of us is most confused here.

Me, because with respect to service of process I find nothing in the Oklahoma Rules of Civil Procedure whereby the mere mailing of a “certified letter” has any legal consequences whatsoever, including a method whereby the addressee is officially summoned to respond to a civil complaint.

I suggest that that you pay a visit to the clerk of the court where this action is pending and look at the file. Or speak with an attorney licensed in your state.

 

[cosine]

You should show up in court because you know about it, whether you get actual paperwork or get served or not at all. Have copies of ALL your documents with you and be prepared state your case. Even have motions prepared to give to the court. If the plaintiff doesn't show, hand in your ready motion to dismiss with prejudice. You might get lucky (you won't if you don't show up).