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John Legal
John Legal, Attorney
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Experience:  Over 15 years legal experience.
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i found out a complaint has been filed against me. i have yet

Resolved Question:

i found out a complaint has been filed against me. i have yet to be served with a summons. court records show declaration of non service. what needs to happen for them to serve me through publication?
Submitted: 2 years ago.
Category: Legal
Expert:  John Legal replied 2 years ago.
Thanks for trusting Just Answer. As an attorney I will answer as clearly as possible. I ask for you Accept my answer so I am paid when we are done.

They would have to prove that they have done every thing they can to serve you personally and have been literally unable to locate you. Once they have served you by publication they will have to file notice of that service with the court.

You need to continue to check the court file for service. The file is public record and would be available at any time. Just checking the file does nothing to get service on you. I agree with doing nothing until service is obtained.

I am cannot provide you with specific legal advise. I can provide you with general information about the law related to your inquiry. I hope you find my response helpful, please click on the ACCEPT button. This is necessary for me to be paid for my work assisting you. Clicking Accept will not close your question. You can still ask, and I will respond, to follow-up questions if needed. Leaving a bonus and positive feedback is not required but they are appreciated!

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Customer: replied 2 years ago.
this is a debt collector representing capital one. cap one has my address. why cant these jokers find me? i hope it is because they dont have enough proof. i have been checking court records obsessively and the last entry was 12/08 declaration of non service. the summons was filed on 11/22. if they get the opportunity to serve me by publication, it will say so in the online case summary, correct?
Expert:  John Legal replied 2 years ago.
You are correct that the case summary will state that they have served you by publication. You may want to go to the courthouse and check the court file directly instead of relying on the only summary. Courts are very slow to implement technology and sometimes the online system is not sufficiently current. I would check at the courthouse directly every 2-3 months if possible.

Please remember that the statute of limitations on the debt is 4 years. If they fail to serve you within 4 years of your last payment then you must respond to any subsequent suit that they are barred by the statute of limitations for the debt.
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience: Over 15 years legal experience.
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