“Heather” was at her desk, reviewing accounts receivable reports. She grimaced as she saw the unpaid invoices from HiSpeed Technologies, Inc. She had done great work for them, and they continually praised her efforts – but what started out as a rough cash flow patch for them was turning into one excuse after another. Just as she wondered how she would ever collect the debt, there was a knock at the door. It was a process server, handing her some official-looking court documents. Her heart dropped into her stomach as she saw the names on the papers. Hi-Speed was suing her! Frantic, she wondered, “How can I make this frivolous lawsuit go away quickly”?
Caveat. The author is an attorney in the state of Kentucky. The information contained herein may differ from jurisdiction to jurisdiction. By providing this information, the author does not intend to create an attorney-client relationship with the reader. The following is not legal or financial advice. If you have legal questions about any of the material presented below, please contact an attorney in your jurisdiction.
Another fear tactic. Collection agents try to avoid saying they will have you arrested because it’s against the law. So, they imply that they will have you arrested and hope you panic and call them.
Find a local Process Server 101 and convince them to give you a half-day ride along to gain firsthand experience. I can not express how valuable it is to see service completed up close and personal as opposed to hearing about it. Take notes and listen to what the server says to the defendant or residents of homes during the attempt. Ask questions about times to serve, how to handle the paperwork, what to say to attorneys and what an attorney expects of you. Take a trip with them to the courthouse to view the courthouse services in action also.
There is a time limit for the debtor to file a response with the court. They have 28 days from the date they were served the claim to respond otherwise the court will file an automatic judgment in favour of the person claiming the debt.
You have some number of days before the new owner takes full possession of the house. After that date, they have legal power to evict you from the house.
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