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Summons

Discuss the legalities of Bankruptcy Law

Summons

Postby Pearson » Wed Jan 20, 2016 11:37 am

I had a law firm who filed a lawsuit for non-payment of HOA dues.  What I find strange is as follows: 1.  The summons had my name and John Doe as my "husband".  I know this law firm knows I'm not married.  

2.  Someone handed the summons to my friend instead of me, the name on the summons.  Doesn't the delivery person verify the person's name before handing him/her their summons?

3.  I guess the law firm filed the lawsuit because there is a trial date along with the summons.  However, my friend didn't give me the summons and I just happened to come across it in a drawer, I missed the trial.  I didn't receive any notice of default judgment.  What do I need to do to fix this honest mistake?  It's obvious the law firm doesn't want me to challenge them and wanted default judgment all along.

ANSWER: The inclusion of John Doe as your husband is a common cover-their-bases technique, to allow foreclosure in the case that you get married and the home is owned as tenants-by-entirety.

Does the friend who took delivery live with you?  In many jurisdictions, it is acceptable to serve a person at an address by simply delivering to a person at that address, regardless of identity or relationship.

You need to contact a lawyer in your area to determine your rights.  You did not receive actual notice, but constructive notice may have been sufficient.

Note also that in many jurisdictions there is a "right of redemption" that will allow you to void a foreclosure sale if you are able to pay off the arrearage plus interest and reasonable costs.

I hope this helps!

Brian V. Lee, Esq.

Foreclosure attorney DC and Virginiahttp://www.lee-legal.com

---------- FOLLOW-UP ----------

I couldn't make it to the trial so if there was a default judgment for not showing, shouldn't I at least get a notice?  If there was a default judgment then what do I need to do since I have valid reasons for not paying HOA dues?  ex:  HOA didn't fix some of the problems that they're responsible for.
Pearson
 
Posts: 38
Joined: Wed Mar 12, 2014 1:40 am

Summons

Postby Marshal » Wed Jan 20, 2016 9:39 pm

You may have options, but you will need to contact a lawyer in your area to continue because now you need to take the initiative and file suit, if that is appropriate.

Brian V. Lee, Esq.

Foreclosure lawyer DC and Virginiahttp://www.lee-legal.com
Marshal
 
Posts: 52
Joined: Wed Feb 12, 2014 3:02 pm

Summons

Postby Farewell » Sat Jan 23, 2016 9:08 pm

I had a law firm who filed a lawsuit for non-payment of HOA dues.  What I find strange is as follows: 1.  The summons had my name and John Doe as my "husband".  I know this law firm knows I'm not married.  

2.  Someone handed the summons to my friend instead of me, the name on the summons.  Doesn't the delivery person verify the person's name before handing him/her their summons?

3.  I guess the law firm filed the lawsuit because there is a trial date along with the summons.  However, my friend didn't give me the summons and I just happened to come across it in a drawer, I missed the trial.  I didn't receive any notice of default judgment.  What do I need to do to fix this honest mistake?  It's obvious the law firm doesn't want me to challenge them and wanted default judgment all along.

ANSWER: The inclusion of John Doe as your husband is a common cover-their-bases technique, to allow foreclosure in the case that you get married and the home is owned as tenants-by-entirety.

Does the friend who took delivery live with you?  In many jurisdictions, it is acceptable to serve a person at an address by simply delivering to a person at that address, regardless of identity or relationship.

You need to contact a lawyer in your area to determine your rights.  You did not receive actual notice, but constructive notice may have been sufficient.

Note also that in many jurisdictions there is a "right of redemption" that will allow you to void a foreclosure sale if you are able to pay off the arrearage plus interest and reasonable costs.

I hope this helps!

Brian V. Lee, Esq.

Foreclosure attorney DC and Virginiahttp://www.lee-legal.com

---------- FOLLOW-UP ----------

I couldn't make it to the trial so if there was a default judgment for not showing, shouldn't I at least get a notice?  If there was a default judgment then what do I need to do since I have valid reasons for not paying HOA dues?  ex:  HOA didn't fix some of the problems that they're responsible for.
Farewell
 
Posts: 45
Joined: Wed Jan 29, 2014 6:51 pm


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