Washington  |  Credit and Debt Law

Re: Delivery of Summons

The lawyer who sent you the summons cannot give you legal advice.

There are decisions holding that the court does not have jurisdiction unless and until you are personally served.

but if you do not respond the attorney will take a default. If you do respond and object, they will re-serve you properly and tack the cost onto the bill.

Your apartment manager is not a resident of your household unless they live in your apartment with you.

Getting served does not require you to sign anything.

If you owe the money and can pay it, the faster you can reach an agreement with the Plaintiff's lawyer the less expensive this will be.

If you owe the money and cannot pay it, please consider talking to bankruptcy counsel. An unsecured debt can be discharged.

If you incurred the debt anytime in the last six years, chances are it is enforceable. But if you stopped paying on it on or before October 14, 2001 the statute of limitations has run and the action is time barred.

Best bet? Talk to a lawyer, explain what happened, get some actual advice based on the pleadings and the background of the debt.

Elizabeth Powell