Can I get sued if I never get served papers?

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Can I get sued if I never get served papers?

I am an over the road truck driver and I haven’t been home whenever the process server has tried to serve papers to me. My son didn’t sign to receive them. Can they sue me anyway? I have a lot of medical bills and I already have a lien on my house from a credit card collection agency. Should I wait until I’m served to try and make arrangements or does it have to be before I’m served? I don’t want another lien but I know that I can’t pay them if they all come after me at once.

Asked on May 2, 2011 under Bankruptcy Law, Maine

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The process server could leave the papers with a family member at your residence and then  mail a copy to you.  This would be a substituted service of process and would be valid service of process.  When you are served, you will need to file an answer to the complaint.  The complaint is the lawsuit attached to the summons.  You won't be able to make arrangements and will need to file the answer to the complaint within the time limit stated in the summons.  If you don't file an answer to the complaint, the opposing party will win by default and will enter a default judgment against you.  You will then need to file a motion to set aside the default.


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