# Raise your hand if you've been named in a lawsuit today! **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [February 14, 2006, 4:41pm UTC](https://boards.straightdope.com/t/raise-your-hand-if-youve-been-named-in-a-lawsuit-today/344467 "2006-02-14T16:41:43Z")\ **Posts on this page:** 9\ **Page:** 2
**Author:** ![wolfman](https://avatars.discourse-cdn.com/v4/letter/w/a8b319/32.png) [@wolfman](https://boards.straightdope.com/u/wolfman)\ **Post date:** [February 16, 2006, 7:37pm UTC](https://boards.straightdope.com/t/raise-your-hand-if-youve-been-named-in-a-lawsuit-today/344467/21 "2006-02-16T19:37:14Z")
> [@](#): > > Dante pretty much nailed it in one. I got in touch again with the insurance adjuster who worked on my initial claim, and he said that since I was insured with them (USAA) at the time, they will handle everything, from representation to filing the Answer in court. He also said he would keep me up to date on everything that was going on. That’s very good. I was sued about a year ago in Colorado for a bullshit traffic acident the other person caused. I had USAA and they were very good. They hired an excellent lawyer way beyond my means and were upfront about everything. One thing about USAA though; They have taken a hard stand against buy-off payments to take the easy way out. If the Insurance agent and the Lawyer agree with you that it is bullshit, they won’t negotiate, and you will end up in court, possibly multiple trials. It’s pretty cool in the ‘sence of Justice, screw the cheaters’ kind of way, but really inconvienient in the time spent. ---
**Author:** ![Little\_Plastic\_Ninja](https://avatars.discourse-cdn.com/v4/letter/l/f07891/32.png) [@Little\_Plastic\_Ninja](https://boards.straightdope.com/u/Little_Plastic_Ninja)\ **Post date:** [February 17, 2006, 4:34am UTC](https://boards.straightdope.com/t/raise-your-hand-if-youve-been-named-in-a-lawsuit-today/344467/22 "2006-02-17T04:34:32Z")
_sheepishly raises a hand_ And believe me, this has really been a costly procedure. Though this really is entirely my fault. I wrote a check to Wal-Mart two days before a dear friend of mine was killed in an accident, not last December but the one before. I was a wreck myself and didn’t notice that the check bounced. Fast forward to this past November, when I was pulled over for a lack of front license plate (I had one, but I’d just bought the car and it didn’t have a front bracket, so I needed to actually put the booger ON) and discovered hey, there was a warrant out for my arrest. The really FUN part was that I was transporting a friend from out of town, so he had to find a place to bunk for the night. Apparently it was easier to get a judge at 11:30 AM on Sunday instead of 12 PM on Saturday. Yep, I was in jail for almost exactly 24 hours. I do NOT recommend it. Yes, the ladies there were very nice. I was treated very well. There were a lot of (not very good) books to read. It was quite cold and the worst thing was never knowing what time it was. Fast forward a little further to now. I made my bail (and the lack of that money has been hounding me ever since…) and hired a lawyer. Apparently it is “very likely” that I will have the case dismissed because I’d never been arrested before, which is all to the good – if I can get the case dismissed then I can get a better job. Background checks are no longer my friend, and believe me, I’m deeply ashamed. I paid the check amount plus fees the Friday after I got out, so that should help. Because I was arrested outside the county, I had to give collateral to the bondsman – basically I had to pay the entirety of the bond, but they will apparently give the money back (minus their cut) after my last day in court. The lawyer costs $500 total, which is not so bad – I hope he’s good. I found out today that what I thought was going to be my last court date (next Thursday) won’t be. I’ll have to go in at least once more. Which means that the bond money I thought I was going to get back I’m not, which is rather irksome as it means I can pay my internet bill or my rent, but not both. Of course, this really is entirely my fault. I somehow missed the notification from Wal-Mart and the county court, but that’s not their look-out, and I understand that. Believe me, I’ll never ever write a check I think might conceivably possibly bounce again… I’ve just got another month or so to sweat before I find out just how long this mark is going to stay with me… ☹ ---
**Author:** ![jackelope](https://avatars.discourse-cdn.com/v4/letter/j/a6a055/32.png) [@jackelope](https://boards.straightdope.com/u/jackelope)\ **Post date:** [February 17, 2006, 4:48am UTC](https://boards.straightdope.com/t/raise-your-hand-if-youve-been-named-in-a-lawsuit-today/344467/23 "2006-02-17T04:48:20Z")
**Plynck** , re. putting the summons in your hand, this is from the Federal Rules of Civil Procedure: > [@](#): > > Unless otherwise provided by federal law, service [of the summons] may be effected in any judicial district of the United States […] by delivering a copy of the summons and of the complaint to the individual personally **or by leaving copies thereof at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein** or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process. [F.R.C.P. 4 (e) (2)](http://www.law.cornell.edu/rules/frcp/Rule4.htm) If memory serves (which is a big “if”), “suitable age and discretion” means, in general, “over 18 and mentally competent.” I’m not a lawyer, but I’m a law student. Then again, I lost my first Mock Trial case this evening, so take my input with a grain of salt. ---
**Author:** ![mhendo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mhendo/32/3159_2.png) [@mhendo](https://boards.straightdope.com/u/mhendo)\ **Post date:** [February 17, 2006, 6:46am UTC](https://boards.straightdope.com/t/raise-your-hand-if-youve-been-named-in-a-lawsuit-today/344467/24 "2006-02-17T06:46:03Z")
> [@Little Plastic Ninja](#): > > …which is rather irksome as it means I can pay my internet bill or my rent, but not both. This makes it sound like your internet bill and your rent are similar amounts of money. If that’s the case, you have amazing rent, or you need to change your ISP pronto. ---
**Author:** ![matt\_mcl](https://avatars.discourse-cdn.com/v4/letter/m/7ab992/32.png) [@matt\_mcl](https://boards.straightdope.com/u/matt_mcl)\ **Post date:** [February 17, 2006, 7:58am UTC](https://boards.straightdope.com/t/raise-your-hand-if-youve-been-named-in-a-lawsuit-today/344467/25 "2006-02-17T07:58:13Z")
> [@mhendo](#): > > This makes it sound like your internet bill and your rent are similar amounts of money. If that’s the case, you have amazing rent, or you need to change your ISP pronto. If my rent is $400, and my Internet bill is $30, and I have $410, I can pay my rent or my internet bill but not both. ---
**Author:** ![mhendo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mhendo/32/3159_2.png) [@mhendo](https://boards.straightdope.com/u/mhendo)\ **Post date:** [February 17, 2006, 8:11am UTC](https://boards.straightdope.com/t/raise-your-hand-if-youve-been-named-in-a-lawsuit-today/344467/26 "2006-02-17T08:11:38Z")
Sure, but the way it was worded made it sound as if there was actually some debate over which might get paid. ---
**Author:** ![matt\_mcl](https://avatars.discourse-cdn.com/v4/letter/m/7ab992/32.png) [@matt\_mcl](https://boards.straightdope.com/u/matt_mcl)\ **Post date:** [February 17, 2006, 8:17am UTC](https://boards.straightdope.com/t/raise-your-hand-if-youve-been-named-in-a-lawsuit-today/344467/27 "2006-02-17T08:17:38Z")
Well, some people really love their Internet. ---
**Author:** ![Little\_Plastic\_Ninja](https://avatars.discourse-cdn.com/v4/letter/l/f07891/32.png) [@Little\_Plastic\_Ninja](https://boards.straightdope.com/u/Little_Plastic_Ninja)\ **Post date:** [February 17, 2006, 4:11pm UTC](https://boards.straightdope.com/t/raise-your-hand-if-youve-been-named-in-a-lawsuit-today/344467/28 "2006-02-17T16:11:15Z")
It wouldn’t be a big deal, but my phone and 'net bill are the same, and they’ve sort of been the last priority ever since that little incident in November. With late fees, it’s been piling up. Still, I’ve got a tax refund coming, so I should be able to pay some bills with that. ---
**Author:** ![Plynck](https://avatars.discourse-cdn.com/v4/letter/p/3e96dc/32.png) [@Plynck](https://boards.straightdope.com/u/Plynck)\ **Post date:** [February 17, 2006, 4:34pm UTC](https://boards.straightdope.com/t/raise-your-hand-if-youve-been-named-in-a-lawsuit-today/344467/29 "2006-02-17T16:34:26Z")
> [@jackelope](#): > > **Plynck** , re. putting the summons in your hand, this is from the Federal Rules of Civil Procedure: Thank you for that link. That might explain why the folks in the office weren’t worried; they weren’t served at their homes. Although, knowing them, I think they were just trying to dodge a bullet. In my opinion, splitting hairs like that will only irritate the court, but I suppose some people thrive on that. [Previous page](https://boards.straightdope.com/t/raise-your-hand-if-youve-been-named-in-a-lawsuit-today/344467.md?page=1)