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    Being served under my nickname

    A prossess server stopped at my store and asked to speak to me under my nickname. They told him I wasn't there. He asked when will I be back. They told him.

    We plan filing Chapter 13 next week but my questions is: If he is serving me under my nickname, do I have to accept?

    I look at the process serving has to be done under my real name. As for serving me at my home, I was at home and he never showed up there. After they told him when I would be back, he claimed he was a process server and made a big deal about it. Personally I think he was stupid for acknowledging who he was.

    If I check with the local court system, there are almost 700 entries with people with my nickname. With my real name there are only 4. I tried checking with the court, online, and just didn't have the time to wade thru almost 700 entries.

    So if I am served, is it legitimate if it is not in my real name?
    Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

    #2
    You can be served by any name you have ever gone by. The courts are NOT hyper-technical when it comes to service. The whole point of service of process is to put you on notice that a suit is pending against you, so whether you go by James or Jim is of little consequence. (assuming, of course, that the suit you are being served with is actually meant for you).

    Think about it for a second, what would you really argue to the judge...sorry your honor, service was bad because my legal name is James and they served me as Jim. What do you think the judge is going to say.
    Last edited by HHM; 12-09-2008, 09:18 AM.

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      #3
      You will also note on your credit reports your name is listed in various formats that you have gone under and have been reported by various creditors as you using (i.e., Jim for James, Kathy for Kathleen, etc.).
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

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        #4
        Originally posted by Flamingo View Post
        You will also note on your credit reports your name is listed in various formats that you have gone under and have been reported by various creditors as you using (i.e., Jim for James, Kathy for Kathleen, etc.).
        Very true. My dad uses several different versions of his name, depending on the document and they are all listed in the credit report. You can't hide anything.

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          #5
          Originally posted by BigJohn View Post
          A prossess server stopped at my store and asked to speak to me under my nickname. They told him I wasn't there. He asked when will I be back. They told him.

          We plan filing Chapter 13 next week but my questions is: If he is serving me under my nickname, do I have to accept?

          I look at the process serving has to be done under my real name. As for serving me at my home, I was at home and he never showed up there. After they told him when I would be back, he claimed he was a process server and made a big deal about it. Personally I think he was stupid for acknowledging who he was.

          If I check with the local court system, there are almost 700 entries with people with my nickname. With my real name there are only 4. I tried checking with the court, online, and just didn't have the time to wade thru almost 700 entries.

          So if I am served, is it legitimate if it is not in my real name?
          I would go ahead and take it anyway since you're filing. That way you can respond to it, letting them know you are filing BK, and if they choose to ignore that, then you can hit them up for a violation.
          http://www.debt-consolidation-credit...play.php?f=177

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            #6
            And of course don't forget titles such as Jr./Sr. Or differently - from the norm - spelled names. I know a couple who have twin daughters - Lora and Laura.

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