Do I have to be served by the creditor suing me?

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Do I have to be served by the creditor suing me?

How do you get served by creditors? Does a summons come in the mail or does the sheriff bring it to you? Also, in NC can a creditor freeze a joint bank account if one of the parties has nothing to do with the suit?

Asked on July 8, 2011 under Bankruptcy Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Every state has laws that deal with the procedural requirements of how a summons and complaint may be served.  Although they vary from state to state it is true that generally they share certain similarities.  For example, every state allows a party to be served personally - handing the person sued the summons and complaint.  Some states allow a person to be mailed the summons and complaint and it is considered valid service if the person signs an acknowledgement and send it back to the attorney.  Not recommended.  And yes, in some courts and in some states the Sheriff can be the one that serves you.  As for freezing the bank account, the answer there is also yes if they have a judgement and your name is on it.  Get help please.  Good luck.


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