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Ignoring a summons thru certified mail?





Sub: Ignoring a summons thru certified mail?
Tue, 29/12/2009 16:59

Hello,
I have a CC debt (charge off) that was first reported on my credit report in March of 2003. It was for $4200. The total is now up to $8400 and Ive recieved letters from CAs (non certified) off and on over this period of time.
About 6 mos ago, I recieved a letter from Capitol One (the original creditor) and then it went back to another CA by the name of northland group in Medina, MN. Theyve been sending me settlement offer letters about once a month.
I go to my PO BOX about once every two weeks, and there were two notices that I had recieved stating that my signature was needed for a certified letter. One notice stated that the letter came in on a certain date, and the second notice stated if I didnt sign for it it would be returned to sender after 10 days. I had checked my mail after it was returned.
I dont know if it was a summons from, but if it was, would I have to sign for it to be valid or can they still get a default judgement from me saying that I ignored it? Or does a process server have to show up to my house in order for the summons to be valid? Would Northland Group have the power to do that or are they merely a collection agency and not an attorney?
After doing some reading here it looks like since the debt was first reported to the Credit Bureaus over 4 yrs ago would the SOL be a valid defense?
Thanks in advance for your help.



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DebtCruncher
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Sub: #1 [QUOTE="Lillbitty"] Are the rules the same for the alias summonTue, 12/29/2009 - 16:59



[QUOTE="Lillbitty"]
Are the rules the same for the alias summons has the first one. Has to be served IN PERSON???

[/QUOTE]
Rules are the same in that the summons has to be "served". But rules for service vary by state and judge's orders. For example, in IL this is our process:
1) First summons must be attempted by a sheriff.
2) If original summons comes back not served, an alias summons is issued, and the creditor can hire a special process server to serve summons.
3) If that alias returns not served, and the creditor can prove to a judge that you indeed reside at that address, then the creditor can motion the court to allow service by other means; such as service by publication (newspaper) or by simply posting notice on the door. Subsequent alias summons' may be served by any method that a judge approves.

SO, to answer you question and depending on your state laws.... IF the creditor can show that you are concealing yourself for the purpose of evading summons, then a judge may allow them to serve you by some method that doesn't actually involve them handing it to you in person.


Unregistered

Sub: #2 Alias Summons IssuedTue, 12/29/2009 - 10:52



I have the same questions only no PO box. They tried to serve me in person but did NOT answer door now they have Alias Summons Issued on file. Are the rules the same for the alias summons has the first one. Has to be served IN PERSON???


skydivr7673
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Sub: #3 Hi cellular-- in the end, the fact that it is a private mailbSun, 07/15/2007 - 17:04



Hi cellular--

in the end, the fact that it is a private mailbox really has no bearing on this case. The reason is that the law states that service MAY be left with the person in charge of the mailbox, it doesnt say that it MUST be left with that person.

In either case, the SOL is all that is needed to stop this suit cold. No matter what else happens, the SOL expiration cannot be ignored by the court or overcome by the plaintiff. But your info about the private mailbox vs a USPS box is very interesting, thanks for that. I had no idea there was a difference.


Unregistered

Sub: #4 To continue my thought, a private mailbox, as defined by the USPSun, 07/15/2007 - 16:22



To continue my thought, a private mailbox, as defined by the USPS, is something like Mailboxes Etc/UPS Store.
I used to own one and when you applied to rent a box you had to definitively acknowledge that the company you rented your box from was allowed to Act as YOUR AGENT for LEGAL SERVICE.

This was part of the USPS document that you filled out authorizing mail delivery. If not then they could not have me sign any type of receipt for mail.

A PO Box at the Post Office is not a private mailbox.


Unregistered

Sub: #5 I think that we are missing a key word in section 6: private maSun, 07/15/2007 - 16:16



I think that we are missing a key word in section 6:
private mailbox


skydivr7673
skydivr7673


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Sub: #6 Hi Marc-- I would suggest going with the SOL and not worryingSun, 07/15/2007 - 11:12



Hi Marc--

I would suggest going with the SOL and not worrying about much else, just to make things simple. I say this because there is no defense against you invoking SOL as long as you have the dates correct. However, I am a bit concerned that nothing appears in the courts when you checked your name. It is possible that this was not a summons, or that it was a fake summons. The problem lies in the fact that you dont know what was in the envelope.

There is, however, a way you can head all of this off. Do you know for a fact who sent that certified letter to you? If you do, and it was this CA, then I would send them a letter myself. Send them a certified letter, RRR, and inform them that per the Fair Debt Collection Practices Act, they are to immediately cease any and all communication with you, at any telephone number and any address. Tell them that they are not to contact you by any method, except as provided by the fdcpa. Let them know that they are trying to collect a debt that the SOL has expired on, and any further attempts to collect this debt from you will result in a lawsuit for failing to abide by your C&D letter. Make sure you send this CMRRR, so you will have a record of them receiving it. And keep a copy for your records.

This is the thing--they have only two ways to try to collect a debt....either by contacting you, or by suing you. Once they know the debt is past SOL and they know that you are aware of it, they cannot sue you because they know that will be your defense...and they will lose. So that leaves contacting you as their only method, and sending a C&D letter takes that away as well. Since FL SOL is 4 years for open-ended credit accounts, their SOL expired back in March unless you made any type of payment or agreement to pay on that account, or unless you moved out of FL during that time.


Law Student
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Sub: #7 If you submit SOL as your defense in a suit. As to service, I wSat, 07/14/2007 - 20:38



If you submit SOL as your defense in a suit. As to service, I would read "private mail box" as one of those you'd get at a UPS store and the like. In most cases, the people there sign for things anyway (as per your agreement). I might be wrong, but I don't think it would apply to the U.S. Postal Service. Also, in some states, if the plantiff can't find the defendant, a "service by publication" is allowed (ie, printng it in the newspaper). I don't know if this is allowed in Florida.

He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949)

The science is in knowing, the art is in perceiving - Robert Fripp (1946-)

Ever get the feeling you've been cheated? - Johnny Rotten (John Lydon) (1956-)


Unregistered

Sub: #8 Thanks again Cajun for your reply. Would you recommend I deleteSat, 07/14/2007 - 19:22



Thanks again Cajun for your reply. Would you recommend I delete all previous addresses from all three credit bureaus and send a DV letter to Northland?
Since the Florida SOL is four years from the date it was first reported and Im past that mark, am I judgement proof?


cajunbulldog
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Sub: #9 Ok the way it reads personal service is required with exception Fri, 07/13/2007 - 07:03



Ok the way it reads personal service is required with exception noted. If the plaintiff cannot locate the person with public records,they would be required to serve the manager who holds your post office box to be delivered to you.So a certified letter is not proper service according to that statute in my opinion.

Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.


puddlejmpr
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Sub: #10 I don't know much about this but I read what you posted and to mThu, 07/12/2007 - 20:20



I don't know much about this but I read what you posted and to me it sounds like they can serve you at your home. But if there is just a po box then they leave it with the person in charge at the place where you have the po box. They wouldn't have put a cert. letter attached to that then (that is an extra fee to send something that way)

But I would call the courthouse and find out if there is something pending for you. Then if not I would contact the creditor and ask them to resend the letter. Then send out the DV letter.

I am not sure if you can have old address removed from your credit record. You would have to dispute that you didn't live there. I had to do that with one of them because I was an auth. user on one of my dads credit cards and they listed his addy as mine along with the one I live at now. So with disputing it, then they took it off.


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