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What do you do if you have been served a civil summons for your ex-husband's credit debt?
Wiki User
∙ 17y ago
If you are named on the summons then you are a co-debtor, or at least the creditor/plaintiff believes you to be such. If you are not named on the summons you should not have accepted it, but having done so you should make certain that the ex-spouse receives it as soon as possible. If the debt was incurred during the marriage and you resided in a community property state you may be equally responsible for the debt. If the debt was joint and was addressed in the dissolution of marriage petition where he agreed to assume it, such an agreement is not legally binding for the creditor. The best option is to discuss the specific circumstances with a qualified attorney before responding to the summons or taking other action.
Wiki User
∙ 17y ago
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What should you do if you were served with a civil summons from a Kentucky Sheriff's Department for non-payment of credit card debt?
Best thing to do is probably to contact an attorney for legal advice for your next steps to follow.
Can a civil summons be filed if the credit card debt has been charged off?
Yes
I came home today to court summons taped to my door for daughter who does not live here for credit card debt I do not know her address what should I do?
Contact the office of the clerk of the court that issued the civil summons immediately for instructions on how to return the summons. In most instances the court will allow the summons to stand, as it has been served at the only known address of the defendant and the suit will go forward with or without the response of the named defendant.
Can a bench warrant be issued for failure to appear in court for a civil case where the summons was sent in the mail but never personally served on the defendant?
A bench warrant will not issue in a civil action for failure to appear on a summons. At best, the party who fails to appear will have a judgment entered against him/her whether it was served by mail or not. Failure to answer a summons is simply tantamount to admitting the allegations in the complaint are true and judgment should be entered as requested.
Can a summons be given to a family member in lue of the defendant?
Probably. A civil summons is served at the address of the person named. Therefore, any person who is of legal age and residing at the same address may, as a rule, be served in lieu of the named. There are some exceptions, the main one being if the order is a subpoena rather than a summons.
Was sued in forecloser court but was never served a summons and did not know about the case what can I do Indiana?
If you were never served, you would need to file a motion to dismiss the civil case. In order to be lawfully sued, you must be served.
Does the plaintiff have to be served the summons?
Yes, being served could mean, physically by a sheriff or by private processor, posting or hanging, or certified mail.
Where can you find response form for civil summons?
Where can you find response form for civil summons online?
How long does a plaintiff have to serve a summons?
That depends upon the laws of the state in which the judgment was issued, the least amount of time would be 10 business days from the time the summons was served.
What to do if your being served a civil summons for credit card debt?
Most importantly, appear in court on the date and at the time you are summoned. Bring with you all records of payments against the debt. Be prepared to explain to the courts why you defaulted, and plead for the opportunity to make arrangements for payment.
Where can you find response form for civil summons online?
Where can you find response form for civil summons online?
What to do when you get a civil summons?
You cannot be arrested for a civil infraction. The judgment means they can attempt to collect the amount. In some cases they may attempt to take property to sell to get their money. You need to see if there is a way to work out a payment plan. As long as you show you are making an effort, even making small payments, and are destitute, there isn't going to be much they can do.
