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  #1  
Old 07-15-2013, 08:56 PM
blueberri blueberri is offline
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Default Served Papers in Prison?

I'm assuming that somehow an inmate can be served papers while in Prison? And once served, what can they really do?

Someone just came by my house to serve papers on my boyfriend. Without thinking I told them he was in prison, and where. I am no good when taken by surprise and so many new things keep happening to us I'm at a loss as to what to do.

I am so tired of all the legal BS that comes with being in prison! I have no idea what he's being served for now. I can only hope it's related to something we already know about - either that he was sued and a default judgement was entered against him (how they can do that when someone is in prison I don't know) or related to child support. If it's something new I'm going to lose my mind.

So what will he be able to do anyway? Can he ask for a court appointed attorney? Just he just write back and say, hey, kind of tied up at the moment, get back to me later? I hate this crap.
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Old 07-15-2013, 09:23 PM
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Quote:
Originally Posted by blueberri View Post
I'm assuming that somehow an inmate can be served papers while in Prison? And once served, what can they really do?

Someone just came by my house to serve papers on my boyfriend. Without thinking I told them he was in prison, and where. I am no good when taken by surprise and so many new things keep happening to us I'm at a loss as to what to do.

I am so tired of all the legal BS that comes with being in prison! I have no idea what he's being served for now. I can only hope it's related to something we already know about - either that he was sued and a default judgement was entered against him (how they can do that when someone is in prison I don't know) or related to child support. If it's something new I'm going to lose my mind.

So what will he be able to do anyway? Can he ask for a court appointed attorney? Just he just write back and say, hey, kind of tied up at the moment, get back to me later? I hate this crap.
I'm sorry I don't have any advice. Just wanted to let you know I can relate. My husband and I are in the same boat. He's being served for a credit card that he can't pay for because he's in PRISON! It's a credit card from before we met and got married. I can't pay this particular credit card because I'm paying EVERYTHING else. Mortgage, utilities and food are much more important right now. I figure let them get a default judgment on him. Missouri is a common law state and they can't sue me for his debt, nor can they garnish my wages. What are they going to garnish on him, his $8.50 state tip? Have at it. We'll probably just file bankruptcy when he gets out. These credit card companies that take inmates to court aren't very bright. What are you going to get from someone that has no assets and is locked up making $8.50/month??? Is that going to satisfy your judgment? NOPE!

From what my husband says though, the prison will take him to the court date. Ugh...I know it sucks. Hang in there, one day this will all be behind us.
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Old 07-16-2013, 12:59 AM
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I understand wanting to know when the other shoe will finally drop; it can feel like you are being pummeled by every shoe in the world sometimes... This too shall pass!

Unfortunately, until you know why he is being served there is little that you can do. Until then, BREATHE. You can only do what you can do Try to look at all of this as a good thing; if everything hits now, you will sort it out and not have any 'surprises' hanging over your heads later. By the time he is released you will be able to truly start over again, without fear of who or what is around the corner.

I hope things start getting better for you!
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Old 07-16-2013, 06:59 AM
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It depends on what he's being sued for.
My hub was sued wihile he was in prison. His counselor gave him the paperwork.
He was being sued civilly and didnt show (duh, he was in prison)
No mention of him attending court or anything else so they got a default judgement.
(and I certainly couldnt afford an attny after the criminal case, so an attny for the civil one was out of the question)
Since he has basically nothing.......it was a waste of time and effort and money on the part of the sue-er. (yeah, should read sewer)
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Old 07-16-2013, 11:31 AM
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listen, debt collector attorneys are a bit like mass mailers - they don't need for everybody to pay, they just need a small percentage to pay to make it worth their while. So, the credit agency schedules to go to court on one day a month with 20-50 cases.

Yeah, I know the court cannot appoint an attorney for civil cases, and that sucks. that leaves you, a LO, with evidence of debt and no way to pay it. If you want counsel, you may be able to obtain it through legal aid in your area/state. Legal aid provides low/no cost legal help up through representation for people who can't afford a private attorney. Be aware, the resources at legal aid are very limited, but they can help with your own filings, and they can help with actual legal representation in court.

The other option would be to consider having him file for bankruptcy while he's in prison. Some debt cannot be discharged in bankruptcy, but if he has enough credit card debt and the like, then that could be a real option. Then, when they come around to serve, the answer to that complaint is a copy of the bankruptcy decision. Talking to a bankruptcy attorney may be a good way to spend an hour or so. And, if he's in prison for a few years, he's not picking up more debt.
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