subject: The Benefits Of Accepting Service [print this page] The Benefits Of Accepting Service The Benefits Of Accepting Service
I am not an attorney, I am a Judgment Broker. This is my opinion about why everyone, even debtors and "wrongdoers" should not attempt to avoid being served legal papers.Getting served, either by certified mail, or in person, is Often not a sign of great news. However, being served is similar to getting a cavity in a tooth. Ignoring either situation will almost certainly cost you more time, hassle, and "pain" over the long term.One reason to accept legal service is that it simplifies your life. Whatever is, is. How you react to what it is, is what counts. If your tooth hurts, get it handled. When you get served with a lawsuit complaint or an order of a court, it's best to get it handled.If someone tries to serve lawsuit papers to you, you have options.1) Accept or sign for the service of legal papers, and then later answer the lawsuit with a (simple or impressive) written response, as shown on the paperwork served on you. For not much money, you can find and consult with an attorney for half an hour, by looking for your local State Bar's web site. Then show up at the court on time, on the specified date. You now have some control of your situation. You might persuade a judge to reduce the size of the judgment against you, or try and settle with the plaintiff, or prove the plaintiff wrong in court, and win and may end up owing nothing. 2) Accept or sign for the legal service, and then ignore it. Do not show up in court, so you will have no control of the situation. This will result in a default judgment against you, where the person suing you usually gets what they ask for in court. 3) Evade service. Encourage the plaintiff to spend more money. Always look over your shoulder. Be suspicious of everyone and everything. Accept that you might ultimately fail to evade legal service. Perhaps you can be sub-served, by serving your spouse, roommate, or co-worker. Perhaps the plaintiff will have you served at work, or at a friend's house or some restaurant. Perhaps a private investigator will follow you around, and then you will then get served. The problem with evading legal service is you end up with a full time job of evading legal service. Also, the plaintiff will learn a lot more about your private life than if you did not avoid their service attempts.Even if you are successful in avoiding personal service, you may be served by publishing your name in the newspaper (how old fashioned), and then get a default judgment against you.When someone owns a judgment against you, and is trying to serve debtor examination papers on you, it's best to accept the service, and then try to settle with or make payments to your creditor and/or doing what the court has ordered, and then show up and answer questions and/or produce documents. If you evade the service, any extra costs incurred by the creditor trying to get you served, are added to your judgment debt. The harder you are to serve, the more you may owe. Also, evading service may result in the creditor using another way of enforcing the judgment against you.When someone has a judgment against them and you (a third party) are served, because you as a third party, know about or possess or control the assets of the debtor, it's best to accept legal service. Then discuss this situation with the debtor, to help or encourage them fix their problem, so you will not be served again on a matter related to the debtor's judgment debt.
