Legal Question in Credit and Debt Law in Washington
Delivery of Summons
I came home last night October 14, 2007 to find a summons and complaint for a unsecured debt slipped under my door. I have no idea who delivered the summons and never signed anything acknowledging that I received the summons on this date. But I did call the lawyers today saying that I received the summons last night and was not sure what to do. I live alone and was out between 12:15 PM and 8 PM visiting family. A resident apartment manager was on duty at the time. Is it legal for the person doing the delivery to leave the summons with the apartment manager? Is he considered to be part of my household?
1 Answer from Attorneys
Re: Delivery of Summons
The lawyer who sent you the summons cannot give you legal advice.
There are decisions holding that the court does not have jurisdiction unless and until you are personally served.
but if you do not respond the attorney will take a default. If you do respond and object, they will re-serve you properly and tack the cost onto the bill.
Your apartment manager is not a resident of your household unless they live in your apartment with you.
Getting served does not require you to sign anything.
If you owe the money and can pay it, the faster you can reach an agreement with the Plaintiff's lawyer the less expensive this will be.
If you owe the money and cannot pay it, please consider talking to bankruptcy counsel. An unsecured debt can be discharged.
If you incurred the debt anytime in the last six years, chances are it is enforceable. But if you stopped paying on it on or before October 14, 2001 the statute of limitations has run and the action is time barred.
Best bet? Talk to a lawyer, explain what happened, get some actual advice based on the pleadings and the background of the debt.
Elizabeth Powell
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
