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  1. #1
    Join Date
    Dec 2006
    Posts
    8

    Default Lawsuit filed but not served

    I am in Texas and I understend that I have had a lawsuit filed on me for a credit card debt over a month ago. I have not heard anything from the court or recieved anything in the mail. If I am not served papers what wil happen? I have tried to settle but I can not pay the money they want. Help?

  2. #2
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: Lawsuit filed but not served.

    what leads you to believe that a lawsuit has been filed?

    some (many?) jurisdictions allow that once you are aware of the suit, you can no longer use lack of or impropper service as an excuse for not responding to the suit.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Re: Lawsuit filed but not served.

    Absent return of service, the court has no basis to find that a defendant has been served. "I think he found out somehow" isn't return of service. A much greater danger is that they obtain substituted service because the defendant is dodging the process server, or that they effect what the defendant thinks won't be regarded as proper service and the judge finds that service occurred, and the defendant is defaulted.

  4. #4
    Join Date
    Dec 2006
    Posts
    8

    Default Re: Lawsuit filed but not served

    I am either at home, the Doctor or rehab. The best of my knowlegde there has never been an atempt to serve me papers. The only reason I think that a suit has been filed is that a friend saw my name in the paper concerning a lawsuit has been filed and the collection agent reffered to it. Any more helpful info would be appreciated.
    Thanks

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Re: Lawsuit filed but not served

    If it has been published in the paper, that may well be part of "substituted service". Find out exactly what was published.

  6. #6
    Join Date
    Dec 2006
    Posts
    8

    Default Re: Lawsuit filed but not served

    It was in the public anouncement area. It state that suite was file by the collection agent on me for indebetness. The county does that for all the lawsuits filed.

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