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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35365
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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My so made a car loan in 2005. Then in 2008 he was in able

Customer Question

My so made a car loan in 2005. Then in 2008 he was in able to keep paying. We called and told them to come get it they never did and he never paid anymore. In 2010 the tire rod end broke. We had it towed. We called told them where it was. Never heard anything from them. Now they tried to serve papers to him. He is out of state. 3 weeks ago they left a flyer on my neighbors mailbox telling him to call they had court papers. My neighbors just gave it to me yesterday. Court is tomorrow. Should I go in his place. No one has been served. Looking online it appears they went to court in 2014 unknown to us and the decision was JD Rule. Then one month later the creditor cancelled JD Rule then nothing til now. We are in Louisiana. What should I do?
Submitted: 5 months ago.
Category: Legal
Expert:  LawTalk replied 5 months ago.

Good evening Susan,

I'm Doug, and I'm very sorry to hear of your son's situation. My goal is to provide you with excellent service today.

There is no use in you going in his place as the court will not hear anything that you have to say. And, as the service of process was never perfected----your son was never personally served, his is not at any risk either. The court will not grant a default against him if he has not been properly served.

If a default judgment was entered against him in the past---even though he was not served, then he can apply to the court to have the default set aside. And if there was a default, then I suspect that the hearing tomorrow id a creditor's deposition where they would want to ask him about his assets, bank accounts and employment. But again, if he was not personally served with the summons, then he will not be in any trouble for not appearing.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 5 months ago.
There never was a default judgement unless that is what JD Rule means. And the creditor cancelled that one month after it was decided that was in 2014. So they can't garnish his wages or seize his bank account if he doesn't show up and was not served
Expert:  LawTalk replied 5 months ago.

JD should stand for Judgment of Default.

So they can't garnish his wages or seize his bank account if he doesn't show up and was not served That is correct because they will have no way of knowing where her works or banks. That is the purpose of the creditor examination in the fiorst place---to fing out about assets, bank accounts and employers.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 5 months ago.
Is that 59 instead of 47 or in addition to 47
Expert:  LawTalk replied 5 months ago.

Hi,

I'm afraid that I am not sure what you are referring to. If the site offered you a phone call, then that would be in addition to the 58 you have already offered though. You certainly have no obligation to accept the call offer---though you want to speak with me I would agree to do so.

Customer: replied 5 months ago.
I mean to actually speak to you says $59 is that in addition to the original $47 or instead of the $47
Expert:  LawTalk replied 5 months ago.

Good evening,

If you need assistance navigating the system or if you have billing questions, you can contact customer service at(###) ###-#### I do not work for the site and do not control billing options.

Doug