Can a Collection Agency have the court give you a Subpoena ?
Absolutely. If you don't dispute the debt within 30 days, you're fair game for litigation, especially with a refusal to pay. Letters, phone calls and reporting to the credit bureaus are the agency's first steps. If the debt is substantial enough (we recommend a minimum of $1000 balance at the agency I work for, but some of our clients use as low as a $500 threshold), litigation is the next step. The above poster said collection agencies lack having attorneys, and that is not correct information. Every agency I know of either has their own attorneys working in-house, or they contract with a team of outside attorneys to handle the accounts which are chosen for litigation. I don't know what kind of debt you are asking about, but my agency works almost strictly in the health care industry, and we usually only garnish wages. Depending on the type of debt, some agencies are a lot more aggressive and they will seize assets, etc. The best thing you can do for yourself is resolve the debt, whether you pay in full or set up a payment plan with the agency. Certain creditors will negotiate the balance as well, particularly if your case has already gone to litigation. If that option hasn't been presented to you, you could make an offer to pay a lower balance and see what they say. After all, it's costly for them to take you to court and they would rather avoid doing that, if possible. Unfortunately, it will take 7 years for this issue to go away unless you work with them to resolve it, so it's in your best interest to do so. I'm sure this isn't what you wanted to hear, but I hope it helps! :)
Do subpoenas have to be signed for on delivery?
Considering that your mother's account has been frozen, it suggest that this is no ordinary debt. And that she received a letter after the court date suggests that she did in fact receive mailing about her debt in the past and chose to ignore it. I live in Florida(might be different in other places, subpoenas in a civil case do not need to be signed for...... certified delivery is all that's needed. I do suggest your Mom getting legal advice. Ignoring the debt . apparently hasn't been the best course of action. I have had a similar experience because I moved and really didn't know I was being sued and my absent in court automatically gave the plaintiff judgement. However, once I got a lawyer that judgement was thrown out. And a new court date was set. All debt are not created equal. Courts differentiate between ordinary debts gone bad and debts that occur and are considered criminal ( writing bad checks, fraud for any reason, etc) The good news is your mom won't have to pay anything she doesn't owe or anything at all depending on the type of debt and her ability to pay. I was a victim of a hit and run accident , they caught the guy and he was convicted of a felony. In the restitution hearing he was ordered to pay me half a million for my outstanding medical bills. I have never seen a dime of it. That's why I was being sued...by the hospital. I eventually had to go bankrupt. !!
Can someone give me examples of violence against blacks and women?
first off, find a copy of the amendments on the internet. Under each is the date on which it was amended. Look up the womens sufferage movement, I'm sure they have many stories of abuse. As far as blacks, man you got a big gap of time in between the founding and the amendments. Just get your dates right first. The rest will be easy to find. Hey, your prob. gonna need to say where you got the facts from and I don't think your teach is gonna accept yahoo answers as a credible source.
How do you find out if you have a court summons filed against you?
A summons is an official announcement that a defendant has been named party to a lawsuit, and the formal complaint is usually attached at the time a defendant is served. The specific rules of the complaint and summons can vary slightly according to the local court or municipality.Find out if a formal complaint has been filed against you or if you have been named party to a lawsuit. Visit the clerk's office of the court system where you anticipate a pending legal matter or go to the court's website if you do not live nearby. The local clerk's office will have a record if a complaint has been filed against you. Many courts publish case filings online. Call the local clerk's office if you do not live close by or if the case information is not available online. The petitioner or plaintiff must serve you with the suit within so many days, according to state law. If you access court records, you can expect that you will be receiving the complaint and summons.Look through the local newspaper for announcement of the summons. In some cases, petitioners or plaintiffs are required by the local court to notify a defendant publicly. If your current address is unknown or you have moved out of the area, the court will ask the plaintiff to notify you by this method.Keep an eye out for a summons at your residence or place of business. Most states require that a summons is served within 120 days of filing the original complaint. So, if you know that there is a complaint filed against you, then you can expect a summons will soon to follow. The summons could be served on you at your place of employment or at your residence. However, the summons may be sent by personal service or posted. Posted service means the documents are posted and delivered on your doorstep. Personal service may be delivered to you, a friend or family member who is at least 18 years of age. It may be a good idea to inform family members, co-workers or friends that they could be delivered a summons to give to you.
Can a person served a defendant and be a witness on the case?
Can he prove that he served the defendant? That is the problem with the complainant serving papers to an opposing party. It is not recommended. The person filing the complaint should not be serving the papers. He should have a process server, sheriff, certified mail or a friend serve the papers. I think Austrailia just ruled that you can serve a person by sending it to their facebook, LOL (but how do they know they really got it).
Can I be sued in civil court due to a car accident if I'm not served with a summons?
Relax!!! Its not as big a deal as it seems (though I can understand why you would be under the impression that it is). I spent a few years as an attorney for insurance companies so I know that what you are describing is a fairly common scenario. Insurance companies are greedy and like to keep as much money as they can. So they will normally try to settle out of court by offering as little money as they can to the other party in the hopes that they will accept a small offer, which sometimes they do. Otherwise, they just wait till you get a summons. By law, it is required that the summons has to be served on you, although after you receive the summons, the insurer will 'step into your shoes' by what is known as the law of subrogation. Please give a copy of your summons to the insurance company IMMEDIATELY, and then hound them for the next few days to make extra sure that their attorneys enter an 'appearance to defend', otherwise default judgment can be taken against you. Even though your name is on the summons, the insurer will literally take your place in proceedings, which might still go to and fro for about a year before going to court. They want money from your insurance company, not from you, they would have done their homework and realised that you couldn't pay that amount personally. Your insurance company will pay all the legal costs. In nine out of ten cases, the matter will be settled out of court by your insurance company before the trial date. In the unlikely event that it does go to court, you will be required to testify, as will any witnesses to the accident. If you win the court case, all is good and well. If you lose, your insurance company will have to pay out. You might still have a long road ahead as these things take forever to resolve. Just make sure you follow up with your insurers regularly to ensure that everything is on track. Good luck!!!
Can i get a list of complaints filed against a certain police officer in my town?
I had a cop make a big deal out of a traffic stop one time and he tried to get his back up officers to lie for him. So I got some of my friends to back ME up and I filed a complaint. I ONLY filed the complaint AFTER I talked to a 12 year old kid who told me NOT to mess with that certain cop b/c that cop had told the kid that he would KILL the kid if the kid told anyone about seeing the cop banging a suspects head on the hood of his car. I thought that was the ultimate disregard for his authority so I filed. Fortunately a bunch of cops and the Lt. backed me up saying that they were tired of "bad cops" and wanted to clean up the force. They had a trial for the cop and witnesses started coming into court every 1/2 hour. The trial went for 3 days until all of the witnesses were heard. The cop was fired and then he appealed for re-instatement. The re-instate was denied. I almost felt bad about him losing his job but after talking to the woman he punched and beat up when he was responding to a Domestic Disturbance and the kids that he had threatened I no longer felt guilty. And the police dept gave me a plaque for speaking up. It proved to me that there IS justice in this country, every once in a great while. :-)
What happens if you do not show up for a subpoena?
I am not an attorney and cannot provide legal advice. The answer may varry depending on what State you are in and what court your case is being heard in.In Florida if you contact the issuing attorney and are excused or successfully quash the subpoena, no further action is taken.I can share with you my experience with civil subpoenas I've served in Florida where the witness did not show up or comply. In most of those cases the attorney issuing the subpoena will file a motion for an Order to Show Cause (why person or company should not be held in contempt).The witness or deponant must be properly served for the Judge to sign the order. The opposing counsel may object, and a hearing may be held.I once had an incarserated witness refuse to leave her cell for her deposition and a hearing was held to issue an order to show cause, as she refused to accept the subpoena each time I came to serve her. The service was upheld and the Order was issued.If an Order to Show Cause is issued it is served on the witness/deponant individually. At the hearing they have the opportunity to explain why they did not comply. The Judge may then compell the witness to comply, excuse the witness, or find them in contempt.If you fail to appear for the Order to Show Cause hearing you may be found in contempt, face heavy fines, and a bench warrent may be issued for your arrest depending on the court. In criminal court, the judge may jail you until you comply. Contempt of Court is a serious crime and should be avoided at all costs.
What happens if you lose a lawsuit and can't afford to pay?
If you can’t pay a judgment, contact the plaintiff’s attorney and explain that you have no assets and cannot pay. Since wage garnishment is a pain in the ass, they may just go away, i.e., not pursue payment—but the judgment will remain on the books.Besides wage garnishment, the next worst thing would be a lien against your house, which would make selling it very difficult. An unsatisfied judgment will also affect your credit rating for many years to come, preventing you from qualifying for a mortgage or loan.If the plaintiff and attorney are persistent, you can offer a compromise settlement or installment payments. Offer __% on the dollar. They would probably rather get $1000 now than wait 10 years to get $10,000. A compromise is your best solution. Borrow money if necessary in order to secure a release.You could skip town and change your name. (Just kidding! You can be skip-traced. That judgment will follow you.)If you have no assets it’s surprising that the plaintiff has been pursuing the lawsuit. If the case is still ongoing, make that call to the attorney now to explain that you are judgment proof. Your lack of assets may convince them to dismiss the case.
Can a U.S. state secede from the Union? Is there a clause in the Constitution which allows states to secede from the Union, or can this process be done by voting?
This is all assuming that the US government just let them go without a fight which wouldn't happen. First, they would have to deal with all the residents who didn't want to lose their US citizenship. People aren't as loyal to their state as they once were. The people who would leave would most likely be the non-natives. They are probably more educated and technically skilled than the natives because highly skilled people tend to be more mobile. So, there would be a brain drain.Second, if the country were land locked (Kentucky? Are you kidding me?), they would be totally at the mercy of the US government for exports. We would squeeze the shit out of them economically until they said uncle and came back much poorer as a result. Even if they did have access to the sea or bordered Canada or Mexico, other countries may not willingly let this new country adopt all the US trade agreements. So, they will be on their own. Third, all the residents would lose 100% of their social security benefits. This is what happens when you renounce your country.Fourth, the legal messes everyone would be in would be titanic as the two countries tried to sort things out. If you've ever been through a nasty divorce you might have an idea of what I'm talking about only multiply it by 10 million or so.Fifth, they will lose all US government funding instantly. That would be a shock of epic proportions. Every federal employee would be laid off. Most federal contracts would soon be cancelled. Sixth, they would have to raise a huge amount of money in a short period of time and the only way to do that would be to get outside investors to bail them out. Depending on how spiteful the US decided to be, they could be shut out from any foreign investment which would include Wall Street of course. Basically, they would be completely at the mercy of a pissed off US government and have ZERO representation. They would learn pretty quickly what it is like to be a third world country under the "protection" of the good old USA. So, it is one of the more colossally stupid ideas anyone has come up with recently.