Has Anyone Ever Been Served?

I know this is a strange question...BUT, I'm afraid I will be by Bank of America and I want to know what to expect. Is it like it is on Law & Order and they stalk you and shove papers in your face and yell "You've been served?" Someone humor me and answer this....:blink:

the last time i was served with papers someone from the sherriffs office a secretary or something knocked on my door and when i answered she said my name and when i resoponded she just handed me the papers and then left

That would be a hard question to answer. It depends on what state you are in. In NC, because this sounds like a civil case, only a deputy can "serve" you. Again, bankruptcy is a civil matter. To serve you is only a notice that proceedings have begun against you for relief. (they want their money, property, etc.) You still have rights and recourse.
In some states it is easier to get monies from the defendant, up to and including garnishements of wages. In other states such as NC, only child support, money owed ot the government and a few other exclusives can be garnished. Hope it helps you a little.
You could call your local courthouse and ask them how the process works.

You can be served a couple of different ways...most common is just sending a letter to you. If you ignore it then the sheriff shows up at work or where you live and hands you the papers......

I was in the shower and my visiting friend answered the door. The guy said he had a package and only I could sign. But he wouldn't let her sign anything, and she was getting weirded out since the guy didn't have a package. He insisted I come out, and I'd only come as far as the door since I was wrapped in a towel. And then he said, "Sorry, you really were in the shower." So it was okay for him to hand it to her and then she handed it to me in his presence. I have no idea who he was, but he wasn't a sheriff.

I have a GF who's mother served summons when she first started working as a Clerk at the Court House. GF's Mom only got part-time work to start, a couple days a week. So Mom would pick up extra cash by serving summons to people.

The people serving the summons could be pretty much regular folk like us, just picking up some extra bucks by delivering a "letter".

GF's Mom hated delivering summons. She had more than one close call. She'd walk up to the person or knock on their door, say their name, they'd respond, she'd hand them the letter, and walk away. Some people knew what it was and a few even came after her as she walked away. She learned what type of cases were best to deliver the summons in a very public place.

GF's Mom went on to learn shorthand and became a Court Stenographer/Transcriptionist in Criminal Court. The person that types with the little typewriter and reads back what was said during a trial when asked by the Judge or an attny. After Court recesses for the day, the Stenographer/Transcriptionist has to type out the day's proceedings and make copies for everybody so they're prepared before Court resumes the next day. Whoever was supposed to get a copy of the Court Transcript got one by 5pm to 6pm every day, depending on when Court recessed for the day.

I am exposed to this quite frequently at work. The sherriff goes to labor relations and then immediatly I am called to get such and such down to labor relations. This is an assembly line and often times, it isn't that easy to just pull someone off the line. I was in a bind one day, so didn't get the guy down there for like 45 minutes. I got thrashed by the folks in labor relations and the sherriff wasn't too happy. They informed me anything over 15 minutes was considered obstruction of justice and I could get in alot of trouble. Needless to say, anytime they call wanting to serve someone, I get them down there even if I have to do the job.

They can serve you by hiring the sheriffs office, but they'll generally pay a fee plus mileage.

I got served in a lawsuit once, it was done by a messenger who just showed up, asked if I was me, then handed me the papers and left.

Yep. They can also do it through the paper. I don't know if anyone has ever noticed but they do it by the newspaper nowadays as well. Just a little trick I learned. Not as popular as personal service or anything but it can happen if they don't find you.

Being "served" is no big deal.

It's what you do after being served that is a big deal.

If you do not respond within the time allowed in your state, the complaintant can ask the court for a Summary Judgment, which will probably be granted.

If you do respond by filing a Motion to Dismiss (and other related motions) or by filing an Answer, you protect yourself and put yourself in a position where the process can be lengthened to a year or more without ever going to trial. That can be very discouraging for the collection attorney -- particularly, if the debt is relatively small.

So, ask not has anyone been served, ask what should you do after being served.

You all are awesome and responded so quickly! :)

So is my response filing for bankruptcy in the time allotted ok, or should I still file a motion?

Thanks!

Depends on your strategy...Please understand that a summons is just a notice that a legal procedure is about to take place..sort of like a warning. It is up to you (or your lawyer) to figure out what to do next...If you are heading to BK, then filiing and responding to the summons with a "suggestion of bankruptcy" will stop any proceedings....If you don't want to file BK now, respond to the summons with some stall tactics....If you ignore the summons and pretend it isn't happening there is a good possibility a judgement will be rendered for the Plaintiff...

Here's a thread for you with a couple of suggestions you can try and the names of a couple books you can reference to research options in.

http://www.bankruptcyforum.com/t7622-banks-sheriff-judgements-oh-my.html

A couple tactics mentioned in that thread to delay things a bit for ya, until you're ready to file.

Being "served" is no big deal.

It's what you do after being served that is a big deal.

If you do not respond within the time allowed in your state, the complaintant can ask the court for a Summary Judgment, which will probably be granted.

If you do respond by filing a Motion to Dismiss (and other related motions) or by filing an Answer, you protect yourself and put yourself in a position where the process can be lengthened to a year or more without ever going to trial. That can be very discouraging for the collection attorney -- particularly, if the debt is relatively small.

So, ask not has anyone been served, ask what should you do after being served.

I would definitely love to lengthen the process to a year or more but I have no idea how to accomplish it.

I haven't been sued yet, but credit card companies are threatening to turn the matter over to an attorney. These are large balances (over $10,000), so this would wind up in Superior Court instead of small claims court. How does one file motions to dismiss or motions to extend the length of time in Superior Court? Where do you get the legal forms to do this? Is there a website that would have these forms, or can you buy them somewhere? Or are they in some book? So far, I haven't been able to find them. It seems like a very well-guarded secret that lawyers don't want anyone to know about.

I work as a part-time contractor servin folks. If they are a jerk, I just throw the letter at them so it touches them and walk away. I can legally say under oath that they touched it.

Excellent thread, I am being served on something soon. Thanks all for sharing.

I would definitely love to lengthen the process to a year or more but I have no idea how to accomplish it.
I just saw your request for more information on this subject. When I find time this week, I'll answer your questions and give you some tips for stretching out the process.

I have been served recently. It was by private process. Currently have a trial date of June 12th. I'm still determining my plan of action; already submitted my answer & affirmative defenses.
I really want to avoid having to file for bk, but I would really hate to have a judgement against me also..