WHAT TO DO IF YOU ARE SUED!
per: Maryland Judicuary
If you are being sued in small claims Court, you may:
- Negotiate a settlement; mediate the dispute directly with the creditor or their representative
- Inform the Court that you will Defend your side of the case in court;
- File a countersuit; if you feel that charges are inaccurate or felonious. At your hearing you should have a copy of all debts paid; or monies paid toward your your debt.
- Claim the summons was not served properly; Note: You can be charged with perjury which
carries a jail sentence if convicted. Seek an Attorney. - Ignoring the complaint will result in default and the Court will award a Judgment in the favor of the Plaintiff or Creditor. Always address court matters head-on without delay.
- Attempt to Negotiate a Settlement. Lump sum negotiations can even result in the reduction of the cost of the intial debt.
Proper Procedure
- Both parties in a dispute have the option of negotiating a settlement prior to going to court. You may attempt to negotiate on your own or seek the assistance of a mediator. There are many advantages to mediation. For more information, see Mediation.
- File a Notice of Intention to Defend - If you choose to defend yourself, you must file the Notice of Intention to Defend, appearing on the bottom half of the summons. The Notice of Intention to Defend includes space for you to explain why you should not be required to pay the money the plaintiff claims you owe. You should be prepared to defend this (and other reasons) in court during the trial. Make sure you bring your exhibits and evidence.
- Defendants have 15 days from the date that they receive the summons to file this notice with the court (out-of-state defendants and those with resident agents have 60 days to file the notice). By filing the notice, the defendant is letting the court know that he or she plans to argue that the plaintiff is not entitled to the damages being claimed.
- File a Countersuit - You may respond to a lawsuit by filing one of your own. If filed in the same action, what would otherwise be called the defendant’s complaint is called a “counterclaim.”
- A counterclaim is basically a defendant’s way of saying “I don’t owe you money. You owe me money.” You must be able to prove that your claim is right and that the plaintiff's claim is not.
- Claim the notification was not served legally - A summons or complaint must be legally served. Defendants may claim they were not properly served with the Complaint and Summons in one of two ways: (1) by filing a pre-trial request that the case be dismissed for improper service; or (2) by making the argument at the trial. In either case, the trial is postponed, and the plaintiff may have to re-serve a new summons.
- Ignore the Complaint and Summons - The judge may offer a judgment against you. If this is the case, the court will simply send you a notice confirming the date on which the judgment was entered, the amount of the judgment, and any additional amounts found to be due from the defendant such as court costs or interest.
A judge also may require the plaintiff to present the case against you. If the judge
decides that the plaintiff has not presented enough proof against you, the judge may decide to schedule a new trial.
Contact your local district level court for details and more information; or consult an Attorney.
Attorney.Maryland Judicuary - mdcourts.govSuperior Court District of Columbia - dccourts.govSLED press release
Published: May 15, 2009
Columbia, SC—The South Carolina Law Enforcement Division (SLED) announces the arrest of three civil process employees accused of falsifying legal documents while working for Aiken County.
The suspects are employed with APS International Civil Action Group, a Minnesota-based company that provides legal support services to agencies worldwide. The suspects were sub-contracted by the Aiken County Sheriff’s Office to serve civil process. Janice Voigt, 50, of the 3800 block of Richland Avenue, in Aiken, S.C. is charged with 3 Counts of Forgery, Conspiracy, Perjury and False Certification by Notary.
Mary Cox, 53, of the 2300 block of Wire Road, in Aiken, S.C., is charged with 3 Counts of Forgery, Conspiracy, Breach of Trust with Fraudulent Intent, Perjury and False Certification by Notary.
Tara Devine, 31, of the 100 block of Mossback Circle, in Aiken, S.C. is charged with False Certification by Notary.
According to 14 arrest warrants, Voigt and Cox conspired with one another to forge signatures on legal documents and later affirmed that those documents were true. Cox is also accused of fraudulently altering or changing billing invoices associated with APS, International in order to receive financial compensation for those false documents. Devine is accused of falsely certifying that the forged signatures on those documents were true.
The crimes happened from June 2006 to August 2007.
These arrests are part of a joint investigation with SLED and the Aiken County Sheriff’s Office. The Aiken County Sheriff’s Office (ACSO) requested SLED’s investigative services on this case on April 13, 2009
Civil Process Servers Arrested In Aiken County SC For Forgery
Posted January 23, 2009
Boulder Process Server Arrested and Charged with Fraud
A Boulder process server was arrested last week and charged with a felony count of forgery.
The charge against Darine Chely says she also uses the names Darine and Dee Bateman. She is reported to be the owner and operator of Quality Process Servers & Investigations. The charge poses a legal problem for those who have relied on affdavits of service signed by Chely. Those who have done so are urged to contact Detective Carey Lutz at the Boulder Police Department at (303) 441-3333. Chely was arrested Jan. 14 and released on posting of $10,000 bond. Her attorney is Ingird Bakke.
Process Service News
LOS ANGELES (May 29) -- A writer for a small Georgia newspaper who wanted to give President Barack Obama a letter was forcibly removed from a press area near Air Force One on Thursday shortly before he arrived at the airport. Airport security officers carried the woman away by the feet and arms as she protested her removal. She was then allowed to leave. She said the letter she had written was opposing gay marriage.
'They Tried to Drag Me Out'Nick Ut, AP3 photos Secret Service personnel carry Brenda Lee out of a press area set up near Air Force One in Los Angeles on Thursday. Lee identified herself as a California-based writer for the Georgia Informer, a monthly newspaper in Macon, Ga. She said she was ejected from the press area after she tried to get a letter against gay marriage handed to President Barack Obama.
