topic Re: Im being sued, but no summons, please help. in Rebuilding Your Credit

Im being sued, but no summons, please help.

Anonymous — Thu, 22 May 2008 18:52:57 GMT

So I recently received 2 advertisements from BK Law firms telling me they can help because I have been sued. I thought they were bogus becuase I was never served. Well I checked the docket and I have indeed been sued by Erin Capital Management in the amount of $3334. WHAT SHOULD I DO? I was never served so technically I was never made aware of this suit. Do I need to hire a lawyer? Should I call Erin Capital Management and try to work out a payment plan? I have 20K of other debt all of which has been charged off for nearly 3-4 years. I dont know how to handle this. Am i now going to get sued left and right by the other CAs? Please help. Erin Capital Management is not on any of my 3 CR nor do I recall ever receiving mail from them. I can only assume they just bought the debt from another CA. If so, the original debt is just over 3k, from an apartment lease I backed out on. Date of last activity was April 05. It looks like the paperwork was filed with the court on May 7, but like i said, I was never served. I am not sure if this is correct, but it looks like the court date is June 3.

Re: Im being sued, but no summons, please help.

Anonymous — Thu, 22 May 2008 19:01:29 GMT

I am sure you can call the court it is filed in and the clerk can give you the information you need. Find out when your court date is and do not miss it. Also find out what the proper way to be served in your state is.

What type of debt is it, what state are you in?

Re: Im being sued, but no summons, please help.

llecs — Thu, 22 May 2008 19:18:16 GMT

I remember your previous post about Erin. I would also look for an attorney to at least consult with. Sounds like you were improperly served and can have the case vacated due to that. I'd plan to go to court that day, though.

Re: Im being sued, but no summons, please help.

ChuckG — Thu, 22 May 2008 21:54:09 GMT

I recently went through this with HSBC... I was never properly served but when I contacted the law firm that filed the suit, they had a "proof of service"... I contacted a dozen lawyers and none would touch a case with an amount that low (Mine was for about $3800) because the attorney costs would far outweigh the suit amount.

My advice is to try and contact the attorney and get them to remove the suit in favor for a full or partial settlement if you feel like the debt is legit. If it's not then I'd show up to your court date and represent yourself.

Re: Im being sued, but no summons, please help.

Anonymous — Fri, 23 May 2008 03:39:05 GMT

Time isn't out yet for you to be served.

In my state(Missouri) as long as you are served at least 10 days prior to the court date then court is still on.

This state also allows you to call and postpone one time without much explanation.