Second Letter Advice

[gator1130]

I received the 2nd letter at my previous address in Texas. I do not live there anymore but my old roommate called me about it. Should I just ignore this since I technically have not received anything from Dave? What will they try and get me to do if I decide to call them?

[Mechanic]

Have you been here?
http://www.legal-rights.org/DTVBOX.html

[condmca]

Originally posted by gator1130
I received the 2nd letter at my previous address in Texas. I do not live there anymore but my old roommate called me about it. Should I just ignore this since I technically have not received anything from Dave? What will they try and get me to do if I decide to call them?

If it wasn't sent certified mail it would seem you have no responsibility whatsoever in acknowledging receipt of the letter.
I've read too often how mail is returned to the law firms with forwarding addresses. The law firms then re-mail their letters to the new addresses as if it's their first attempt.
The fact that your second letter wasn't forwarded to you means dave's law firm probably has no idea where you live right now.

[JD490]

They have gotten default judgements by serving you through the US mail with the Judges approval. I believe the Dave attorneys will give an affidavit attesting that they have exhausted all other means to process serve you with the summons. I'm not sure what level of evidence they have to reach for the judge to grant this maybe some of our more legal knowledgeable friends here can elaborate. You can read the dockets on www.legal-rights.org where they get 1 or 2 default judgements with this method. If you planned on fighting them and not settling then I would just wait and see if the process server shows up at that old address. We have constables here that do process service they can look up your MVD information on your cars because they are sworn peace officers. I wonder if they report back to the court that the person has moved out of the jurisdiction of the court can the lawsuit be moved to where the person is now living. From what I here it has to be in the jurisdiction of where the purchases were made.

[Salty Jizm]

Originally posted by JD490
We have constables here that do process service they can look up your MVD information on your cars because they are sworn peace officers.

That information is easily available to everybody through search engines such as: www.publicdata.com (At least in many states)

I suspect those people in the default judgement did not have motor vehicles???

[condmca]

Let's be sure to differentiate between an actual summons and a dave letter...

The failure to respond to one of dave's letters WILL NOT lead to default judgements against anyone, despite the fact his letters are sent certified 1st class mail and sound real scary.

Dave cannot win a default judgement against anyone for one's mere failure to respond to Dave's "threat" of suing, which is all dave is really doing when he sends a letter, he's threatening to sue you if you don't give him money and confess your guilt.

Dave has to actually sue someone before he can win a default judgement. Keep this in mind as you decide how to respond or whether to respond to dave's extortion letter. ;)

[BubbaHill]

How a summon's will be delivered by federal rule's.

http://www.wvnb.uscourts.gov/frcp.htm#rule4