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I had a server go to my parent's house and he tried to serve them with papers for me. I still haven't gotten served yet b/c I am usually not home during business hours. Can I leave a note for the server telling them it is ok for my mom to take it? I looked at my CR and I have two CA on it...but the last payment on both the accounts were in 2003. I live in California and the SOL is 4 years. Am i able to find out who is sueing me? Do I need to wait until I get served? I sent a DV letter to one of the CA..should I send another one to the other CA? Should I hire an attorney? What type of attorney? Thanks for all your help!
Yes, you can definitely leave a letter authorizing your parents to receive the post. If you have collection listings in your credit report by both the collection agencies, you should send debt validation letters to both of them by certified mail and they are required to validate it within 30 days from the date of receipt of the debt validation letter. However, if the SOL on the debts have expired, you need not pay off the debt and the creditor cannot bring judgment against you even if they sue you to the court.
If you get a summon from the court, the first step is to file an answer to the summon within the date mentioned on the summon. This is because even if the SOL had expired, if you do not file a response, the creditor can bring a default judgment against you to garnish your wage or your bank account. Through debt validation you can be sure of your last payment towards the debt. Moreover, on the court date if you can prove that the SOL has expired, the judgment will be in your favor.