Comments on: Pocket Service and Pre-Judgment Garnishment http://caveatemptorblog.com/pocket-service-and-pre-judgment-garnishment/ seeking justice for consumers Sat, 13 Mar 2010 17:15:38 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Sam Glover http://caveatemptorblog.com/pocket-service-and-pre-judgment-garnishment/comment-page-1/#comment-1986 Sam Glover Thu, 04 Mar 2010 21:56:53 +0000 http://sjglover.com/blog/?p=305#comment-1986 As I said, you would have proof that you served the answer, along with a copy of the answer, that you could show the court to prove you are not in default. As I said, you would have proof that you served the answer, along with a copy of the answer, that you could show the court to prove you are not in default.

]]> By: Sue http://caveatemptorblog.com/pocket-service-and-pre-judgment-garnishment/comment-page-1/#comment-1985 Sue Thu, 04 Mar 2010 20:48:07 +0000 http://sjglover.com/blog/?p=305#comment-1985 Maybe I'm missing something. How does the court know you properly answered the complaint? Won't the plantiff just file their summons and complaint along with proof that you were served and ask for a default judgment? What stops them from getting a default judgment if only the plantiff and I have copies of my answer? Maybe I’m missing something. How does the court know you properly answered the complaint? Won’t the plantiff just file their summons and complaint along with proof that you were served and ask for a default judgment? What stops them from getting a default judgment if only the plantiff and I have copies of my answer?

]]> By: Sam Glover http://caveatemptorblog.com/pocket-service-and-pre-judgment-garnishment/comment-page-1/#comment-1984 Sam Glover Thu, 04 Mar 2010 20:35:57 +0000 http://sjglover.com/blog/?p=305#comment-1984 You do not need to pay a filing fee unless you are filing something. If you <a href="http://thegloverlawfirm.com/consumer-resources/" rel="nofollow">answer properly</a>, you will have executed an affidavit or certificate of service, which will show the day you served the answer. That should be sufficient to prevent a default judgment, if you did encounter a particularly unscrupulous debt collector. You do not need to pay a filing fee unless you are filing something.

If you answer properly, you will have executed an affidavit or certificate of service, which will show the day you served the answer. That should be sufficient to prevent a default judgment, if you did encounter a particularly unscrupulous debt collector.

]]> By: Sue http://caveatemptorblog.com/pocket-service-and-pre-judgment-garnishment/comment-page-1/#comment-1983 Sue Thu, 04 Mar 2010 19:12:03 +0000 http://sjglover.com/blog/?p=305#comment-1983 Great info on pocket service. Is the person who is served required to pay a filing fee to "answer" the summons if the complaint has not been filled yet? If not, what stops them from saying you never answered and then getting a default judgment? Great info on pocket service. Is the person who is served required to pay a filing fee to “answer” the summons if the complaint has not been filled yet? If not, what stops them from saying you never answered and then getting a default judgment?

]]> By: Sam Glover http://caveatemptorblog.com/pocket-service-and-pre-judgment-garnishment/comment-page-1/#comment-1776 Sam Glover Tue, 12 Jan 2010 17:54:29 +0000 http://sjglover.com/blog/?p=305#comment-1776 Mike, please consult an attorney with your questions. You should never talk about the details of your lawsuit in a public forum---like this one. Most consumer rights lawyers will make sure they can help and give you an idea of your options before they charge you anything, so you can decide whether you need to. In response to your second question, law firms can be debt collectors, and debt collectors can be law firms. Mike, please consult an attorney with your questions. You should never talk about the details of your lawsuit in a public forum—like this one. Most consumer rights lawyers will make sure they can help and give you an idea of your options before they charge you anything, so you can decide whether you need to.

In response to your second question, law firms can be debt collectors, and debt collectors can be law firms.

]]> By: Mike http://caveatemptorblog.com/pocket-service-and-pre-judgment-garnishment/comment-page-1/#comment-1775 Mike Tue, 12 Jan 2010 16:50:50 +0000 http://sjglover.com/blog/?p=305#comment-1775 Another question. What is the difference between a law firm and a debt collector? Can they be both? Another question. What is the difference between a law firm and a debt collector? Can they be both?

]]> By: Mike http://caveatemptorblog.com/pocket-service-and-pre-judgment-garnishment/comment-page-1/#comment-1774 Mike Tue, 12 Jan 2010 16:48:43 +0000 http://sjglover.com/blog/?p=305#comment-1774 Thanks for the response. It states district court on the "Summons" and is under $2500. If I do not return the consent form, will they have to serve me in person. Thanks for the response. It states district court on the “Summons” and is under $2500. If I do not return the consent form, will they have to serve me in person.

]]> By: Sam Glover http://caveatemptorblog.com/pocket-service-and-pre-judgment-garnishment/comment-page-1/#comment-1771 Sam Glover Tue, 12 Jan 2010 16:26:20 +0000 http://sjglover.com/blog/?p=305#comment-1771 Whether mail is proper service depends on the circumstances and the type of lawsuit. If it is a conciliation court lawsuit for $2,500, service can be by mail. If it is a conciliation court lawsuit for more than $2,500, service can be by certified mail. If it is a district court lawsuit, service may be by mail if the defendant consents to be served that way. And so on. The answer depends on your situation. If you are in Minnesota, <a href="http://theglf.com/contact/" rel="nofollow">get in touch with us</a>, and we can help you figure out the answer in your case, but we will not address your personal situation in public. Whether mail is proper service depends on the circumstances and the type of lawsuit. If it is a conciliation court lawsuit for $2,500, service can be by mail. If it is a conciliation court lawsuit for more than $2,500, service can be by certified mail. If it is a district court lawsuit, service may be by mail if the defendant consents to be served that way. And so on. The answer depends on your situation.

If you are in Minnesota, get in touch with us, and we can help you figure out the answer in your case, but we will not address your personal situation in public.

]]> By: Mike http://caveatemptorblog.com/pocket-service-and-pre-judgment-garnishment/comment-page-1/#comment-1769 Mike Tue, 12 Jan 2010 15:57:44 +0000 http://sjglover.com/blog/?p=305#comment-1769 Does it count as service if they just send you an unfilled summons and complaint by normal mail and no return enevolpe? Also the "summons" stated that it is from a debt collector on the back. Does it count as service if they just send you an unfilled summons and complaint by normal mail and no return enevolpe? Also the “summons” stated that it is from a debt collector on the back.

]]> By: Sam Glover http://caveatemptorblog.com/pocket-service-and-pre-judgment-garnishment/comment-page-1/#comment-185 Sam Glover Wed, 18 Mar 2009 16:59:09 +0000 http://sjglover.com/blog/?p=305#comment-185 Great job, Kathy! If the process server truly lied, you should contact the Minnesota Department of Commerce, which licenses process servers. They should be able to help. Great job, Kathy!

If the process server truly lied, you should contact the Minnesota Department of Commerce, which licenses process servers. They should be able to help.

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