What to do about a sheriff serving papers in another state at an address I don't live at?

September 10, 2007 8:04 AM

A sheriff visited a former address of mine earlier today to serve documents. I'm not sure what these documents were. What is my best course of action other than hiring a lawyer in terms of getting the scoop?

The former address is in another state. I think the most likely reasoning is a collection attempt, probably now referred to the courts. I don't mind paying the debt now that it's at this stage, but it seems that calling the attorney submitting collections to this address might be the wrong answer.

posted by anonymous to Law & Government (5 answers total)

I don't know why calling the attorney would be bad, if only to ask what the deal is.

I was involved a similar situation a long time ago, related to some business stuff. A lawyer had purchased the receivable from an old vendor and then mounted a full-court press to recover the full amount, plus interest, fees, and so on. He was not in the mood for lengthy negotiations and such - wanted full payment within so many days. I was also willing to make good, but couldn't do it in the time frame requested. I got a lawyer at that point.
posted by jquinby at 8:23 AM on September 10, 2007

many courts have their records on public-accessible databases now (except they usually aren't on the internet, you have to be in the clerk's office). typically, you enter the name of a party (you) and it gives you all the cases in which you are a party. i'd call a friend in my old hood, have him/her go to the clerk's office and sniff around to see who's sued you recently. once your friend gets the case number from the computer (or from the written registry of actions if this court hasn't discovered technology yet) the file can be pulled at the counter and examined to see what's in it.
posted by bruce at 8:28 AM on September 10, 2007

one downside in calling the opposing attorney is that you've just admitted you've received notice of the litigation, which could obviate the requirement of service. if they can't find you, they can still get around it, but it will take longer.

if it were me, and i were not feeling particularly cooperative even if i very well might pay up, i'd go with bruce's public information route.
posted by letahl at 11:09 AM on September 10, 2007

I'm not saying that this is your intent, but trying to duck service is a bad idea. So is procrastinating when someone is suing you. For one, not filing an answer is a good way to get a default judgment against you, two, default judgments are easier to avoid than to get undone, and three, improper service isn't exactly a sure-fire defense. Plus, courts like to give folks a chance to cure defective service. If it were me, I'd ask myself this:

Sooner or later I'm going to be properly served or considered to have been properly served. Am I better off waiting?
posted by averyoldworld at 12:37 PM on September 10, 2007

Another consideration is that, if the server cannot find you, the creditor will ask for an order for service by publication. In that case, the notice is published in a local newspaper and that is considered fair notice even though it is probable that you would never see it.

I would call the attorney.
posted by yclipse at 1:40 PM on September 10, 2007