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Collection Civil Suit

Questioner: barbara
Category: Collections Law
Private: No 
Subject: civil suits
Question: i am in missouri.  i was notified about 2 weeks ago that i was to be in court today because i am being sued by midland collections llc.  i have not been served a summons, only this letter in the mail.  will i be arrested for not appearing in court today?

Answer:

Ontrack Allexperts

Barbara,

You will not be arrested, however Midland Funding will be awarded a default judgment.

Rule 54.12 Service – In Rem or Quasi In Rem Civil Actions

Service, Generally.

In civil actions affecting a fund, will, trust, estate, specific property, or any interest therein, or any res or status within the jurisdiction of the court, service of process may be made as provided in Rule 54.13 or Rule 54.14, or as otherwise provided in this Rule 54.12.

Service by Mail.
A party requesting service by registered or certified mail shall file an affidavit made by the party or by someone on behalf of the party, stating:

   * Why personal service cannot be had in this state on the party to be served by mail, and
   * The name and address of the party to be served by mail. The clerk shall thereupon mail to the party to be served a summons and copy of the pleading by registered or certified mail, requesting a return receipt signed by addressee only.