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Lendmark vs Me - Not Served Yet

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  • Lendmark vs Me - Not Served Yet

    In yesterday's mail I got a solicitation letter from an attorney. The letter says that due to a lawsuit or garnishment has been filed and that I can use them to file bankruptcy and avoid this. I actually thank them for their diligence at watching the court filings. This has tipped me off that I should expect a deputy to attempt to serve me soon, in this matter. The letter had the case number, which I will look up when I get a free moment.

    I am not home very often. Basically, I only live in my home one night a week. I plan to file Chapter 13 at the end of October. I'd rather not have a judgement against me prior to that for obvious reasons. I've done some research online and see that Lendmark files Pro Se. In the cases that I have looked up, they either end with a Summary Judgement or Dismissed for Want of Prosecution. It seems like difficulty serving is one of the causes. I'm in Georgia, what do you think my odds are of avoiding judgement until October when I file?

  • #2
    No one can guess. In most jurisdictions that are other ways to serve a person who is not around (typically by publication). If that particular creditor usually uses the least expensive means to prosecute their lawsuit, then they may not us every means available to still get a judgment. There's no way to tell or even predict. The amount of money due and owing may also affect their decision.

    On an aside, 6 months is a long time. Even you write that most cases end with or without a judgment. This means that they are winning some of them. Summary judgments could include cases where they used alternate service.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

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    • #3
      I think this just means that I will be time to adjust my plans and file a bit earlier than I planned.

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      • #4
        The Sheriff's Office has made two attempts to serve me. Both during the daytime while I am not home. Thanks to the Ring doorbell, I get to see him pound on the door, then leave his yellow door hanger. I'm gathering all my information for the matrix, as I will be filing before long. I did do some research on Lendmark Financial. They file everything pro se. Oddly, they have an arbitration clause in their agreements. I guess they don't worry about that part.

        In 2016 they filed 26 civil suits in magistrate court in my jurisdiction. 3 of those ended with default judgement and 3 ended up settling. All of the rest were either dismissed or are still pending.

        In 2017 they also filed 26 civil suits in magistrate court in my jurisdiction. 6 of those ended with default judgement and 1 ended up settling. The rest were either dismissed or are still pending.

        In 2018 to date they have filed 20 civil suits in magistrate court. I guess it is a bad year for them. 0 have ended in default judgement and 1 has settled.
        Last edited by Insolvent; 04-17-2018, 01:37 PM.

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