if you are supeaned for credit card debt, if they cant serve you the supeona does the case get thrown out?
Asked on May 03rd, 2012 on Bankruptcy - California
More details to this question:
if you cant pay your credit card debt and the credit card company takes you to court and they cant serve you the supeona to go to court does the case get thrown out or can they still file a judgement against you and get your wages garnished?
Dear Anonymous,
Unfortunately, that is not the case. If they are not able to find you to serve the summons and complaint, they can substitute-serve the summons and complaint, or worse, can serve you by publication in a newspaper. Although they must make all diligent effort to personally serve you, they have other options which do not require physically handing you the summons and complaint.
David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com
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