Coworker of mine couldn’t find her ex husband… he disappeared. She found his last known address and served him by publication for so many successive weeks in the newspaper. Then got her divorce filed and finalized without his involvement
You can serve someone by mail in California. It has to be signed for and unless you are expecting to get served you don't know what you are signing for at the window. I know it used to be that way.
In nyc I believe regarding a 3 day notice to pay rent or quit. The landowner can do a nail( post on door ) and mail via registered mail as a good service. If I’m reading the info correctly. My main question is once a 3 day is given if the tenant pays some portion of rent due does. Does this nullified the 3 day notice? Thanks Eric for your great work.👍🏻
Here is a link that might help: www.nolo.com/legal-encyclopedia/tenant-defenses-evictions-new-york.html These laws and procedures are often very similar in different states. Just paying a portion of the rent would not nullify the three day notice. A tenant can always communicate with their landlord if they didn't have the full balance and hopefully work something out. Eric HELPS
I was told through the mail that I had a judgement going to court on me. I was never given a summons but when I came out of my house, I found a letter stuck in my gate to my yard with a summons - is that legal? It really doesn't make much difference - just wondering. I am disabled and I live month to month on disability from SS and a small retirement from the State and I learned from your videos that my money is safe from collection. Also I turn 65 this year so will probably end up full retirement because of my age. I am so grateful you have eased my stress by helping me see how I am protected from law suits. Thank you!!!
Would have to know the state but likely not legal, but then again if you owe the money probably not worth the effort to challenge the service Eric HELPS
Bankruptcy attorneys often subscribe to a service that lets them know if someone is being sued and send an advertising letter. Often people get that letter and never realized they were being sued. Yes you will need to be served with a summons and complaint except in very unusual cases. Eric HELPS
I had a local bankruptcy attorney send me a form letter to notify that I have a lawsuit filed against me that I knew nothing about. They included the website and case number so I could verify for myself. I have been rechecking the docket , this is in Maryland, since last November and it has been rescheduled 2 times now to late March. The service notes on the docket now say a attempt to serve has been tried twice, first time “no one home” and second time “no one home, left a notice card on door”. This is a lie, my wife and I are retired and with the pandemic we have been home, at least one of us, for 2 years. I am a member of Helps and had the letter sent out by you to notify them of my representation by Attorney and that my income was social security and therefore protected. I appreciate your service and the comforting advice I have received from Helps over the last few months but am curious about what is their angle on continuing to pursue this issue. This is a credit card debt from a Credit Union Bank that is represented by a local law firm. Is it possible this firm is just doing this for the fee?
You are just a number and this is handled automatically. That is often the only rational reason,. The attorney might be handling all their collections for a flat fee. Eric HELPS
A judgment has been against me for a few years now but I didn't know until $ was taken from my bank. I was never served. Papers went to my exhusand's house in which I never lived there and I'm assuming that he signed papers illegally and never told me . Can I legally get my judgment removed?
Yes, probably would need an attorney. Its a bit complicated. That costs money and probably isn't worth it. And if you owe the money then they could refile and get a judgment later. Then if your income is protected like these videos discuss, so what? Eric HELPS
Thank you for responding, see the thing is the c.c. was at least 15 yrs or more. plus when my ex and I sold our house, his lawyer was to pay both our outstanding c.c. then whatever $ was left lawyer paid us each. So I don't understand how they put a judgment on something yrs old that I didn't even know about. My ex signed illegally.
Service of process laws vary from state to state. Generally speaking, the most common means of valid service of a summons and a complaint is accomplished by: Personal Service Service by Mail Substituted Service Service by Notice and Acknowledgement of Receipt Service by posting on the premises and mailing (for eviction cases only) Service by publication Service by posting (at the courthouse) Service by certified mail FAKE court "summons" phone calls are a common phone call scam that only seem to be growing in popularity.
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Coworker of mine couldn’t find her ex husband… he disappeared. She found his last known address and served him by publication for so many successive weeks in the newspaper. Then got her divorce filed and finalized without his involvement
Your agency and vids have helped me so very much. Thank you.
You can serve someone by mail in California. It has to be signed for and unless you are expecting to get served you don't know what you are signing for at the window. I know it used to be that way.
In nyc I believe regarding a 3 day notice
to pay rent or quit. The landowner can
do a nail( post on door ) and mail
via registered mail as a good service.
If I’m reading the info correctly.
My main question is once a 3 day
is given if the tenant pays some portion
of rent due does. Does this nullified
the 3 day notice?
Thanks Eric for your great work.👍🏻
Here is a link that might help: www.nolo.com/legal-encyclopedia/tenant-defenses-evictions-new-york.html These laws and procedures are often very similar in different states. Just paying a portion of the rent would not nullify the three day notice. A tenant can always communicate with their landlord if they didn't have the full balance and hopefully work something out. Eric HELPS
I was told through the mail that I had a judgement going to court on me. I was never given a summons but when I came out of my house, I found a letter stuck in my gate to my yard with a summons - is that legal? It really doesn't make much difference - just wondering. I am disabled and I live month to month on disability from SS and a small retirement from the State and I learned from your videos that my money is safe from collection. Also I turn 65 this year so will probably end up full retirement because of my age. I am so grateful you have eased my stress by helping me see how I am protected from law suits. Thank you!!!
Would have to know the state but likely not legal, but then again if you owe the money probably not worth the effort to challenge the service Eric HELPS
@@HELPSNonprofitLawFirm I realize challenging would not be worth. I just wondered if it could be done like that - thank you!!
@@HELPSNonprofitLawFirm State of Kansas
I'm not sure if I am being summoned..I happened to move like 7 days before.. I got an advertising letter asking me to use them since I am being sued..
Bankruptcy attorneys often subscribe to a service that lets them know if someone is being sued and send an advertising letter. Often people get that letter and never realized they were being sued. Yes you will need to be served with a summons and complaint except in very unusual cases. Eric HELPS
@@HELPSNonprofitLawFirm
Thank you very much.
I had a local bankruptcy attorney send me a form letter to notify that I have a lawsuit filed against me that I knew nothing about. They included the website and case number so I could verify for myself. I have been rechecking the docket , this is in Maryland, since last November and it has been rescheduled 2 times now to late March. The service notes on the docket now say a attempt to serve has been tried twice, first time “no one home” and second time “no one home, left a notice card on door”. This is a lie, my wife and I are retired and with the pandemic we have been home, at least one of us, for 2 years. I am a member of Helps and had the letter sent out by you to notify them of my representation by Attorney and that my income was social security and therefore protected. I appreciate your service and the comforting advice I have received from Helps over the last few months but am curious about what is their angle on continuing to pursue this issue. This is a credit card debt from a Credit Union Bank that is represented by a local law firm. Is it possible this firm is just doing this for the fee?
You are just a number and this is handled automatically. That is often the only rational reason,. The attorney might be handling all their collections for a flat fee. Eric HELPS
@@HELPSNonprofitLawFirm Thanks for your response Eric, I want to say again I appreciate all you and your associates do for us
A judgment has been against me for a few years now but I didn't know until $ was taken from my bank. I was never served. Papers went to my exhusand's house in which I never lived there and I'm assuming that he signed papers illegally and never told me . Can I legally get my judgment removed?
Yes, probably would need an attorney. Its a bit complicated. That costs money and probably isn't worth it. And if you owe the money then they could refile and get a judgment later. Then if your income is protected like these videos discuss, so what? Eric HELPS
Thank you for responding, see the thing is the c.c. was at least 15 yrs or more. plus when my ex and I sold our house, his lawyer was to pay both our outstanding c.c. then whatever $ was left lawyer paid us each. So I don't understand how they put a judgment on something yrs old that I didn't even know about. My ex signed illegally.
Are there pro Bono bankruptcy lawyers lol
Can I be served by phone call that has been recorded ?
Service of process laws vary from state to state. Generally speaking, the most common means of valid service of a summons and a complaint is accomplished by:
Personal Service
Service by Mail
Substituted Service
Service by Notice and Acknowledgement of Receipt
Service by posting on the premises and mailing (for eviction cases only)
Service by publication
Service by posting (at the courthouse)
Service by certified mail
FAKE court "summons" phone calls are a common phone call scam that only seem to be growing in popularity.
Can the person who taking you to court serve the papers on me
It is up to state law. However, I am unaware of any state that allows a plaintiff to personally serve a defendant. Eric HELPS
I think I am being sued in the Supreme Court
@iumpieces Thank you so much. I got notice that they dropped the case. Thank you