Uh oh, got a summons to court

wildgift · 08-02-2008, 02:01 PM

I'm staying at my friend's apartment, and a person came to deliver something, and it was a summons for my friend to appear in court to get sued for a CC debt.

I totally forgot that I was supposed to not answer the door. It's just one of those things that I'm not very aware of (probably because I'm not hiding from lawyers).

My friend's out of town for a couple days. I'll tell him just before he gets back, because there's no point in ruining his trip.

Is there a way to undo this situation? Part of me wants to get involved to fend off the creditors, but another part of me doesn't really care to support this debtor who is my friend (and presently my temporary "landlord") because it just goes against my cheapskate grain. Also, the sum is under $2k, which to my mind, doesn't seem like a lot of money - the guy out-earns me by 10x that much.

Megan · 08-02-2008, 05:24 PM

If you're asking if there's a way if you can undo the service of process, I'm not sure what state you're in, but I'd say no. You could try to get a lawyer to fight it, but it's probably going to come down to the fact that the summons was properly served.

Bernadette · 08-04-2008, 12:56 PM

Quote:

Originally Posted by wildgift

Is there a way to undo this situation? Part of me wants to get involved to fend off the creditors, but another part of me doesn't really care to support this debtor who is my friend (and presently my temporary "landlord") because it just goes against my cheapskate grain. Also, the sum is under $2k, which to my mind, doesn't seem like a lot of money - the guy out-earns me by 10x that much.

As to your friend and the debt, the only legitimate issue isn't how big the debt is or how much he makes. It's only: Did he legitimately incur the debt and if so, did the other party legitimately deliver the product or service promised?

If so, then don't worry about your part in this. Your friend should pay up.

If not, then don't worry about your part in this because your friend can presumably make his case in court.

The situation isn't yours to undo.

I'm not a lawyer and the law on this may vary from state to state. But usually once a summons is delivered to any responsible person at the residence of the debtor, it's a done thing.

Jessica08 · 08-05-2008, 10:53 AM

This is definitely not your battle to get involved in. But if you are concerned about your friend, sit them down and try to help him resolve the situation.

wildgift · 08-11-2008, 12:06 AM

Thanks for all the advice.

@bernadette - if only life were so simple.

financepro · 08-11-2008, 10:52 PM

I dont think so whether there is any options for undo this. Best to seek help from a lawer if you want to help your friend.

rolltimer · 08-14-2008, 12:15 PM

Service of the Summons may not have been perfected in accordance with the laws of your state if you accepted service and you are not a resident of the household. That is something your friend's attorney should bring up in the answer he files with the court. You may want to contact your friend immediately since there is a time limit for filing an answer. Time started running at the point you received the papers.

08-02-2008, 02:01 PM	#1
wildgift Member Join Date: Feb 2008 Posts: 54 Thanks: 0 Thanked 0 Times in 0 Posts Reputation: (10)	Uh oh, got a summons to court I'm staying at my friend's apartment, and a person came to deliver something, and it was a summons for my friend to appear in court to get sued for a CC debt. I totally forgot that I was supposed to not answer the door. It's just one of those things that I'm not very aware of (probably because I'm not hiding from lawyers). My friend's out of town for a couple days. I'll tell him just before he gets back, because there's no point in ruining his trip. Is there a way to undo this situation? Part of me wants to get involved to fend off the creditors, but another part of me doesn't really care to support this debtor who is my friend (and presently my temporary "landlord") because it just goes against my cheapskate grain. Also, the sum is under $2k, which to my mind, doesn't seem like a lot of money - the guy out-earns me by 10x that much.

08-02-2008, 05:24 PM	#2
Megan Senior Member Join Date: Dec 2007 Posts: 321 Thanks: 0 Thanked 0 Times in 0 Posts Reputation: (63)	If you're asking if there's a way if you can undo the service of process, I'm not sure what state you're in, but I'd say no. You could try to get a lawyer to fight it, but it's probably going to come down to the fact that the summons was properly served. __________________ Counting My Pennies

08-05-2008, 10:53 AM	#4
Jessica08 Junior Member Join Date: Jul 2008 Posts: 3 Thanks: 0 Thanked 0 Times in 0 Posts Reputation: (10)	This is definitely not your battle to get involved in. But if you are concerned about your friend, sit them down and try to help him resolve the situation. __________________ Learn about ETFs at www.etfmarketpro.com

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08-11-2008, 12:06 AM	#5
wildgift Member Join Date: Feb 2008 Posts: 54 Thanks: 0 Thanked 0 Times in 0 Posts Reputation: (10)	Thanks for all the advice. @bernadette - if only life were so simple.

08-11-2008, 10:52 PM	#6
financepro Member Join Date: Aug 2008 Location: USA Posts: 31 Thanks: 0 Thanked 0 Times in 0 Posts Reputation: (10)	I dont think so whether there is any options for undo this. Best to seek help from a lawer if you want to help your friend.

08-14-2008, 12:15 PM	#7
rolltimer Senior Member Join Date: Dec 2007 Location: Alabama Posts: 137 Thanks: 0 Thanked 0 Times in 0 Posts Reputation: (24)	Service of the Summons may not have been perfected in accordance with the laws of your state if you accepted service and you are not a resident of the household. That is something your friend's attorney should bring up in the answer he files with the court. You may want to contact your friend immediately since there is a time limit for filing an answer. Time started running at the point you received the papers.