Anyone been served with Papers?

Anonymous · ‎10-08-2007

My husband was served with papers from a collection agency for an old at&t account. He didn't show up to court and neither did they. In July, he got something from the courthouse saying that since neither party had showed up and there was no activity for 6 months, the judge would allow the collection agency to give a reason why their case should be heard, they were given a deadline. Before the deadline was up, He rec'vd an envelop from the collection agency with contained a letter that apparently went to the judge as to why the case should still be heard. Their excuse was that they never knew about the original court date. 2 months later, we haven't heard anything. The collection agency is Palisades. Has anyone been through the same thing? Any advice?

ozgirl · ‎10-10-2007

What state are you in? It is my understanding that when you are served in Calif. you must file your answer in 30 days. The party who filed would have been notified of the court date at filing, similarly, you would have been notified of the date in the service of the summons and complaint. I would think the judge would have dismissed if both parties did not show up. Just goes to show--you should have showed up--I bet the judge would have dismissed if the plaintff did not bother to show up.

Anonymous · ‎10-10-2007

good news! I found the original summons that was served on my husband in May of 2006. There is a female's name of it that works for the CA and it shows not only that they were given a copy of the same summons I was given with court date and time but it also shows where they admitted that the last date of payment was past the SOL! Im not sure what to do at this point, I already DV'd them so we'll see what happens, if we have to go to court than I'll just bring the paperwork.

Anonymous · ‎10-10-2007

Palisades are real scumbags!!!!! I filed a conplaint with the FTC, N.J. AGs office & my state AGs office....they might be under investigation by the N.J. AG.

If you are told to appear in court BE THERE!!!!!!! Take everything with you!! If you do not appear & they do the judge MIGHT award them a judgment......doesn't matter if past SOL you must be there & prove it.

WHAT STATE ARE YOU IN?????

Message Edited by HappyDays on 10-10-2007 09:38 PM

Anonymous · ‎10-11-2007

I'm in FL. Believe me If Im told to be in court, I'll be there. The original paperwork shows the official stamp by the court stating that a rep from the collection agency was present and given a court date. It also shows my date of last activity on the account, provided by the collection agency. The SOL is up, and by the ca saying they knew nothing of the court date, proves to the court they are liars. In this case, I think I win.