Re: Lady, Yes But...Please read and respond

Posted by LadynRed (68.52.43.214) on March 07, 2004 at 19:05:36:

In Reply to: Re: Lady, Yes But...Please read and respond posted by Rusty1950 on March 07, 2004 at 14:19:48:

I don't think it would help, but you can always try. You'd have to prove the grounds on which the service was improper.

While your address may not be your son's 'usual place of abode', if the creditor has no other address for your son, then as far as they are concerned, and the court, your address IS his 'usual place of abode'. This happens all the time.

Now, if the creditor has pulled your son's credit file, and your son's current address IS in his file, then the claim by the creditor that they didn't have his current address would be full of holes - an inquiry would give them his current address for a summons to be served to him THERE properly.

Your son has a bad attitude, ducking it won't help him and even with a planned bankruptcy filing, he's making more trouble for himself by blowing off the lawsuit.

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