How Much Notice Do You Get Before a Court Date
My question involves collection proceedings in the State of: Oklahoma
i know i being sue for a debt in smalls claim i found out because a lawyer sent me mail saying this and he repsent me.
but i haven't been served with any paper work from a process server or have i gotten and cert mail saying i need go to court
so i wanted know how much notice do they have give me before the court date in small claims
because i dont want be told 1 day before the court date and not able be prepered
i heard it was 7 days is that true
Re: How Much Notice Do You Get Before a Court Date
The first thing that you have to understand is that it's a common practice of collection agency lawyers to send those kinds of letters implying that you are being sued when you actually aren't. They play the odds that the letter will scare people in to paying to avoid court judgments.
When that fails and you actually do get sued you are served with a summons and complaint either by private process server or certified mail depending on the local court rules.
Because of court backlogs a 7 day response time is almost unheard of and quite often you have 20 days (or more) to file an answer or appear in court (again, which one of those depends on local court rules).
I suggest you call your local small claims court and see if there is a lawsuit already filed under your name or check the court website if a case search is available.
How much do you owe and when did you default?
Re: How Much Notice Do You Get Before a Court Date
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mariw
i found out because a lawyer sent me mail saying this and he repsent me.
Do you mean the lawyer offered to represent you (if you hire him)?
Re: How Much Notice Do You Get Before a Court Date
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Mr. Knowitall
Do you mean the lawyer offered to represent you (if you hire him)?
that is correct
Re: How Much Notice Do You Get Before a Court Date
Then he may have gotten lists of lawsuit defendants from the courts or from listing services that compile that information.
Check the court ASAP to see if a lawsuit has been filed. You should be able to find out the date it was filed and whether an "affidavit of service" has been filed.
Oklahoma small claims court allows service of the summons and complaint by certified mail. Once the mail is signed for the plaintiff files the receipt as evidence that the summons has been served on the defendant. The plaintiff also has the option of having service done by the sheriff who will then file the "affidavit of service."
You can learn more about the small claims court procedure in Chapter 36 at the following link:
http://www.oscn.net/applications/OCI...msProcedureAct