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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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legal question...law suit related
if you are being sued....
let's say for a car accident
and they leave the letter at a place where you no longer live - and they should know that since you car insurace isn't there anymore....
does that count?
and the only reason you even know this is b/c you still speak with the person that lives downstairs and he told you????
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Posted 4/20/09 1:21 PM  |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: legal question...law suit related
I think it still counts....they'll eventually find you to give the paperwork.
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| Posted 4/20/09 1:23 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: legal question...law suit related
I left a message for the lady who is handling it at the insurace company
it's a bs case and they are fighting it
I really don't care- but if you want to sue me - then at least try to find me
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| Posted 4/20/09 1:25 PM |
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MrsFab
this is bliss.......
Member since 10/08 1234 total posts
Name:
Mb
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Re: legal question...law suit related
this happened to dh- he was in an accident and one of the passengers sued him- we hadn't lived at the address for over a year but still the summons went there- the attorney handled it for us- but basically said they woudl have had to prove he had gotten it.
as long as you changed your address with the post office/dmv- then its not your fault
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| Posted 4/20/09 1:28 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: legal question...law suit related
yep- I changed everything
I am not going to stress over it
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| Posted 4/20/09 1:36 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: legal question...law suit related
Not sure.
If it's small claims and the clerk tried to serve you by mail, if you don't show up to court they can award default judgement for the paintiff. When I was at small claims, if one of the parties didn't show they heard the story from the party present and awarded default judgement.
I don't think you can simply say "you didn't get the letter". Do you have mail forwarding to your new place?
I would just accept the fact that you got served and go defend yourself, instead of taking chances on trying to find a loophole in your address.
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| Posted 4/20/09 1:43 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: legal question...law suit related
Posted by ave1024
Not sure.
If it's small claims and the clerk tried to serve you by mail, if you don't show up to court they can award default judgement for the paintiff. When I was at small claims, if one of the parties didn't show they heard the story from the party present and awarded default judgement.
I don't think you can simply say "you didn't get the letter". Do you have mail forwarding to your new place?
I would just accept the fact that you got served and go defend yourself, instead of taking chances on trying to find a loophole in your address.
it's not a small claim
I don't have to defend myself - Allstate's lawyers are
we all knew about this- but the lady assigned to the case was very specific in terms of wanting to know how I got served-
my car was not and is not registered there. my lic is not there and my insurace is not there
my mail goes to a PO box in bayside- this letter was dropped off at my old building and left on the table in the lobby- it was not mailed
I was just curious if this counted as me being served
I am waiting for Allstate to call me back
ETA- suppose I didn't speak to anyone in the building? how would I know this?
it's not that hard to figure out I don't live there anymore- if you are suing my insurace company- you should know where my car is insured no?
Message edited 4/20/2009 1:51:08 PM.
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| Posted 4/20/09 1:49 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: legal question...law suit related
Posted by Beth
it's not a small claim
I don't have to defend myself - Allstate's lawyers are
we all knew about this- but the lady assigned to the case was very specific in terms of wanting to know how I got served-
my car was not and is not registered there. my lic is not there and my insurace is not there
my mail goes to a PO box in bayside- this letter was dropped off at my old building and left on the table in the lobby- it was not mailed
I was just curious if this counted as me being served
I am waiting for Allstate to call me back
ETA- suppose I didn't speak to anyone in the building? how would I know this?
it's not that hard to figure out I don't live there anymore- if you are suing my insurace company- you should know where my car is insured no?
If your insurance is handling this, then I wouldn't worry. I would think a copy of the claim should have went to the insurance company.
It's very possible that the primary claim went to the insurance company and they were forwarding you the copy of the claim.
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| Posted 4/20/09 1:54 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: legal question...law suit related
ok- spoke to Allstate- they are going to consider this as me being served- even though they could get around it
she just wants to get it over with and doesn't want them to keep looking for me
this guy is such a scammer anyway- no damage to either car and he would accept there offer of a few thousand
I hope he gets nothing now
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| Posted 4/20/09 2:10 PM |
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greenfreak
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Member since 9/06 11483 total posts
Name:
greenfreak
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Re: legal question...law suit related
I had a registered letter from DMV sent to a previous residence. It was signed for, and that's all they cared about, even though I never personally got it.
I finally had to get a lawyer to prove my innocence. They rescinded the entire thing but it took a long time, and they just didn't care about the circumstances.
Good luck with it. 
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| Posted 4/20/09 2:21 PM |
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DrMeg
Back home!
Member since 5/08 1858 total posts
Name:
Meg
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Re: legal question...law suit related
I was sued for a car accident I was in. Although my papers were "served" (ie they just sent them in the regular mail) to me at the correct address, my insurance company also got served with the papers well before I did. I am surprised your insurance company didn't get a copy as well.
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| Posted 4/20/09 4:48 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: legal question...law suit related
Posted by DrMeg
I was sued for a car accident I was in. Although my papers were "served" (ie they just sent them in the regular mail) to me at the correct address, my insurance company also got served with the papers well before I did. I am surprised your insurance company didn't get a copy as well.
they did- they were waiting for me to be served....I have known about this for a while
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| Posted 4/20/09 4:51 PM |
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seaside
LIF Adult
Member since 6/08 3101 total posts
Name:
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Re: legal question...law suit related
Scammers stink. Give 'em heck! 
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| Posted 4/20/09 5:21 PM |
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SweetestOfPeas
J'taime Paris!
Member since 3/06 32345 total posts
Name:
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Re: legal question...law suit related
I got sued once for a car accident. I believe that it is not official until you are served in person.
I answered the door, a man asked me "are you _____", I said yes, and he said something like "you are officially served" and handed me the paperwork.
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| Posted 4/20/09 6:38 PM |
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