How do I respond to potentially being served?

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How do I respond to potentially being served?

I arrived home to find the card of a registered process server on my door. I am not certain what it could be in reference to but I am guessing it might be from a collection company. Can I settle the debt before the server is able to serve me and avoid a judgement?

Asked on February 23, 2012 under Bankruptcy Law, Montana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Good question. You can accept service of the summons and complaint and settle the claim against you before a judgment is entered against you. If you file an answer to the complaint in a timely manner, a default judgment will not be able to be entered against you.

If you owe money to an individual or vendor, I suggest that you enter into a written agreement to pay the amount where monthly payments would be made for a full written release of the debt.

Yes, you can settle the debt before the server serves you with the summons and complaint. Make sure the settlement is in writing and signed by the judgment creditor.


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