How do I know if I have been summoned

[blogger31]

What is the name of your state? NE

I am currently in debt settlement and will have it completed faster then the time they say. But I want to know how I will know I recieved a summons. Does it come certified mail, or is it hand delivered. Also, has anyone had any experience with Discover card, I know they are quick to sue, but has anyone had any experience about how quick they do it?

 

[foolsmission]

Mine (Discover Suit) came by personal service.
In California they can also publish notice in the newspaper.
Search your state's Code of Civil Proceedure for the definititive answer.

http://statutes.unicam.state.ne.us/Corpus/statutes/chap25/R250500501.html


25-505.01
Service of summons; methods.


(1) Unless otherwise limited by statute or
by the court, a plaintiff may elect to have service made by any
of the following methods:
(a) Personal service which shall be made by leaving the
summons with the individual to be served;
(b) Residence service which shall be made by leaving
the summons at the usual place of residence of the individual to
be served, with some person of suitable age and discretion
residing therein; or
(c) Certified mail service which shall be made by (i)
within ten days of issuance, sending the summons to the defendant
by certified mail with a return receipt requested showing to whom
and where delivered and the date of delivery, and (ii) filing
with the court proof of service with the signed receipt attached.
(2) Failure to make service by the method elected by
the plaintiff does not affect the validity of the service.



Source:
Laws 1983, LB 447, § 22; Laws 1984, LB 845, § 21.

 

[Ladynred]

Right. In most states there are provisions first for personal service, followed by service by certified and first class mail. The last resort is service by publication. Definitely consult your state's service of Process statutes.

http://www.guaranteedsubpoena.com/ne.asp

 

[blogger31]

Thanks to both of you, foolsmission? How long after your last payment did it take Discover to summons you? I am going to get my tax return within the next 2-3 wks, and it has been 6 months since my last payment. I am hoping to settle this debt with a one time payment. Does anyone know if they are acceptable to that kind of settlement. I have already recieved a letter from an attorney in the area, but his letter said it was an attempt to collect a debt and that the communication was from a debt collector. The letter made no mention of legal action.

 

[seniorjudge]

Thanks to both of you, foolsmission? How long after your last payment did it take Discover to summons you? I am going to get my tax return within the next 2-3 wks, and it has been 6 months since my last payment. I am hoping to settle this debt with a one time payment. Does anyone know if they are acceptable to that kind of settlement. I have already recieved a letter from an attorney in the area, but his letter said it was an attempt to collect a debt and that the communication was from a debt collector. The letter made no mention of legal action.

Creditors always like money so send what you can as soon as you can. Do not ignore the letter you got. If you get a letter from an attorney, legal action is in the offing.

I am NOT a creditor-debtor lawyer.

 

[blogger31]

I would love to send it, but I am wondering how receptive they are to a settlement rather then, paying up, and going right back into collections because I can't make payment.

 

[foolsmission]

They took their time with me. Used several CA before finally selling to a Junk Debt Buyer who served me after one year of collection attempts.

In my opinion, you should only pay if they give you a written contract that they will delete all mention of the trade line from your credit reports. Otherwise if you plan to borrow money in the future a PAID COLLECTION says: (in the mindset of a lender) I'M a FLAKE...FICO score wise. (I don't think your a flake).

You need to also bargin on what you'll pay. Those how have settled can give you more info on this.

Must see sites:
http://www.creditinfocenter.com/debt/neg_rating_after_settle.shtml
http://www.carreonandassociates.com/articles/4settle.htm

EVERTHING in writting.

Good luck.