Depressed again.....I was served (for my mother)

[Junejer]

mbush, I was confused at first about the roommate thing too, but that's because I hadn't read this thread yet.

[Anonymous]

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@Anonymous wrote:

What's the deal with being served for someone else who doesn't even (or never did) live there? If the sheriff showed up asking for my mom, I'd say, "Uh, no" and he couldn't then just slap those papers in my hand, could he?

Bella, this is all great advice. Idiots are everywhere; you can't live your life worrying about what these twits think about you. Best of luck to you!

Message Edited by Bzzzymom on 11-23-2008 12:41 AM

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Unfortunately, that's not how it works.

If she's a family member (especially immediate family), they can serve her on her mom's behalf. Even if Bella said that her mom doesn't live there, they'll still serve her, because in t he absence of her mother, she's considered a "reasonable agent."

Also, "drop and run" service is, in many states, legal and considered "proper service."

Personally, while I **DO** understand process laws are meant to give the plaintiff much needed protection, I DON'T think it's ethical to dump a summons at the door of an innocent third party who just happens to be a relative of the defendant. Much less a teenage relative (since almost all states allow service on a family member over the age of 16).

Bella's over 16, of course, but I'm jjust mentioning that aspect of the average process laws to make an example of HOW unfair it can be. Imagine when a 16 yo has to accept the summons on behalf of their parent (as Bella did). While Bella's an adult and mature enough to understand the process (and HOPEFULLY) not feel guilty over something she obviously has no control over, your average 16 yo might not have those coping mechanisms.

That being said, I know that if so-and-so screwed me out of $$, I'd want them to be served as much as possible. I wouldn't want someone to be able to avoid a summons just because they're really good at hiding.

Still, I really think there needs to be substantial reform in process laws.

[Anonymous]

Alright, my advice to you bella is to just move.

[Bella1980]

I sent it back to the collection agency with a letter, saying she doesn't live here or in the country and to leave me alone. I'm sure it really means nothing to them but I can't be bothered with this crap any longer. I have my own stress as we all know, haha

[Anonymous]

Seriously, they can just show up at any relative's house and claim they served you?

Bella, good for you!

[MsKiwi]

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@Bella1980 wrote:
I sent it back to the collection agency with a letter, saying she doesn't live here or in the country and to leave me alone. I'm sure it really means nothing to them but I can't be bothered with this crap any longer. I have my own stress as we all know, haha

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Good for you. The good thing is that these agencies can't do a thing to you so it's nice to be able to tell them to "bite me"

[Anonymous]

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@Anonymous wrote:

Seriously, they can just show up at any relative's house and claim they served you?

Bella, good for you!

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Seriously, YES, they can.

Now, of course, they have to do "due diligence" first -- but most times, especially with what I've seen here in terms of people posting about never being served (the service going instead to a fourth cousin twice removed, or some such), "due diligence" is definitely open to interpretation.

Put a relative down as a reference on a credit form? "Due diligence" would just be reading the addy and sending the summons there. Same for a friend or neighbor. And yep, they can serve the neighbor who thinks your property line encroaches his (and is therefore NOT your friend) and have it be "due diligence." Now, of course, they have no way of knowing if that neighbor despises you and whether or not said neighbor will EVER tell you that you have a court date.

Some (most) states don't even allow you to refuse service. So in Bella's case, she more than likely (depending on the state) had absolutely no choice in accepting it. Some states, like I said, consider tossing it at the feet of the victim to be "proper service." I've even heard stories of tossing it on the hood of a moving car as it drives away to get away from the server as being PS.

Like I said, process laws, IMHO, need serious reform.

[Anonymous]

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Wonderin wrote: 

 I've even heard stories of tossing it on the hood of a moving car as it drives away to get away from the server as being PS.

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WHAT?!  LOL

No, that cannot be true... funny, but not true...

[demi]

Bella-

It seems we all have realtive stories, in my case, my brother....had the DA after him for not paying child support (and since that was done to us as kids, really, really fried me), worked the system - would work at a job until he was "hurt" on the job, just a bum.  Lived with my mom a while and it just tore her up..he would just dump the DA's letter's into the garbage (where my Mom would pull them out and read them LOL).

So, try to think of this as a learning experience, where you don't want or need to go with your finances.  We are not responsible for our parents, siblings mistakes...hold your head up high, and don't worry about what your twit roomates think.