What is the name of your state? Missouri
I am really confused now.
This a long story and I have posted questions before. Unfortunately I don’t know how to link those threads to give the background. But here is my question after todays events.
I showed up to a hearing. I was NOT officially served and found out about the scheduled hearing from a solicitation from another lawyer wanting me to use their services. I interpreted the serving laws for my state to say that even though I wasn't served personally I could still be served by mail or publication. Who knows if either of those happened. Without taking the chance I showed up, even though I wasn’t served personally. I didn’t want an easy default judgment against me. I sat threw the whole thing and wasn’t called. I approached the clerk and she looked up my name and said I wasn’t served so the case wasn’t going to be heard. Their plaintiff’s lawyer was NOT present at this time. The judge then stated no one ever shows up without being served. I briefly explained I was contesting the debt and didn’t want to have an easy default judgment against me. He said “well I don’t have any paperwork on this so nothing can be done”. So is that it? Can they file again against me? My SOL on this debt is 2 months away. I realize that filing a case stops the SOL. But since there was not a hearing does that mean I can claim SOL in two months? Please advise.
I am really confused now.
This a long story and I have posted questions before. Unfortunately I don’t know how to link those threads to give the background. But here is my question after todays events.
I showed up to a hearing. I was NOT officially served and found out about the scheduled hearing from a solicitation from another lawyer wanting me to use their services. I interpreted the serving laws for my state to say that even though I wasn't served personally I could still be served by mail or publication. Who knows if either of those happened. Without taking the chance I showed up, even though I wasn’t served personally. I didn’t want an easy default judgment against me. I sat threw the whole thing and wasn’t called. I approached the clerk and she looked up my name and said I wasn’t served so the case wasn’t going to be heard. Their plaintiff’s lawyer was NOT present at this time. The judge then stated no one ever shows up without being served. I briefly explained I was contesting the debt and didn’t want to have an easy default judgment against me. He said “well I don’t have any paperwork on this so nothing can be done”. So is that it? Can they file again against me? My SOL on this debt is 2 months away. I realize that filing a case stops the SOL. But since there was not a hearing does that mean I can claim SOL in two months? Please advise.