If I’m being sued andserved through certified mail by a debt collector for a credit card debt, what happens if I don’t pick up the certified mail?

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If I’m being sued andserved through certified mail by a debt collector for a credit card debt, what happens if I don’t pick up the certified mail?

I’m being sued by a debt collector. They posted the summons outside my apartment building that you need a key or to be buzzed in to get to my actual door. I received a notice of certified mail and I’m assuming that is the summons as well. What happens if I don’t go to the post office? I had another debt collection agency serve me and a default judgement was accessed, and I don’t want that to happen again.

Asked on February 10, 2012 under Bankruptcy Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

if you do not pick up the service of the summons and complaint and sign the return receipt as to the lawsuit against you, service is not deemed completed under state law for due process purposes.

As such, the plaintiff will most likelt be forced to file a motion with the court seeking an order to allow service of the summons and complaint against you by publication. If that happens, and the proper process is done, you can easily end up with a default abd default judgment against you without ever being served with the summons and complaint. I suggest that you simply accept the letter and file an answer to the complaint.


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