There’s nothing quite as intimidating as seeing a sheriff approaching your home. The uncertainty of their visit can be nerve-wracking, but if you’ve been struggling to make debt or rent payments, it’s likely that’s the reason for their visit. In this article, we’ll examine the three main reasons a sheriff might come to your home. Don’t worry too much though – we’ll also discuss your options for responding.
Why Would a Sheriff Come to Your Home?
Ultimately, there’s one main reason a sheriff would show up at your door: you are probably being served. “Being served” refers to being notified of legal action being taken against you. In some cases, this could mean a spouse has filed for divorce. It might mean there’s a civil lawsuit pending. And in cases of unpaid debt, it typically means that your creditor (or landlord, in the case of rental payments) has filed a lawsuit against you in an attempt to get you to pay off the debt.
If you’re not home when the sheriff stops by, they may leave a note on your door requesting that you contact the sheriff’s office. It’s important to reach out to the office if you miss the sheriff’s visit. If you don’t, the sheriff may approach you at other locations, such as your place of work or in public, in an effort to serve you.
Do Any Of These Apply To You?
If you are served papers, it could mean a few different things. Here are some of the most common reasons.
Debt Collection Lawsuit
A sheriff or someone at the court may knock on your door to serve you papers for a debt collection lawsuit due to unpaid debt. Debt collectors can sue for as little as $500, so if you have any unpaid debts that may have slipped through the cracks, it’s worth considering. You usually have a certain number of days to respond to the debt collection lawsuit, and in many cases, you can negotiate a stipulated judgment to resolve the issue.
Wage Garnishment
If a debt collection agency sues you and wins, they may be granted a wage garnishment. This allows the company to take a portion of your paycheck until your debt is fully paid off. If you think you are being garnished, you can use a wage garnishment calculator specific to your state’s guidelines to see how much can be taken from your pay.
Divorce
Going through a divorce can be emotionally and mentally challenging, and being served papers only adds to the stress. If your spouse files for divorce, you will be served papers. Depending on the nature of your divorce, you may not need to go to court. However, it’s a good idea to speak with a lawyer to ensure your rights and property are protected.
Child Support
Falling behind on child support payments is a serious matter and can have serious consequences, including jail time. If the parent of the child you are supporting notifies the court that you have stopped making payments, you will be served papers. Depending on the severity of the missed payments, you may be ordered to make a payment or you may be summoned to court or notified of your impending arrest. A Chapter 13 bankruptcy may be able to help you catch up on arrears. If you consider this option, you may consider taking a Chapter 13 calculator to estimate plan payment affordability. It’s important to address any child support issues promptly to avoid serious legal consequences.
Eviction Hearing
If you are currently renting a home or apartment and have fallen significantly behind on your monthly rent payments, your landlord may file a motion to evict you from the property. You will be served papers to notify you of a hearing where your landlord will ask the court to legally evict you. After the hearing, you may receive further papers with the court’s ruling.
Typically, eviction notices will give you a specific period of time to vacate the property. Landlords usually issue eviction notices 30 days before taking the case to court. If the landlord takes the case to court and is granted their request, you may have a much shorter period of time to leave the property – in some states, you may only have three days’ notice. During this time, you may be able to restore the original rental agreement by paying the full amount you owe, but if you are unable to do so, you must vacate the property within the specified time period.
Divorce
Receiving service papers during the process of separating from a spouse can be tough. When your spouse files for divorce, you will be served papers. Depending on the nature of your divorce, you may
How Can You Respond to the Sheriff’s Visit?
When a sheriff serves you papers at your home, you’ll need to respond in some way. Even if you choose to ignore the papers, that is still considered a response. So, what should you do when you are served? Here are three common options:
- Comply with the Lawsuit If you know you would either lose the judgment in court or don’t have the financial means to countersue, it may be best to comply with the lawsuit. Before doing so, it’s a good idea to have a law office review the documents to ensure you are being treated fairly.
- Ignore the Papers While this is not typically recommended, some people may choose this option. For example, if you know your landlord is trying to evict you and you are already preparing to move out, you may be able to ignore the lawsuit – especially if you don’t want to incur legal fees. However, ignoring lawsuits usually only worsens the situation. In cases involving debt, an automatic judgment may be filed against you if you don’t respond. There are very few situations where it would be advisable to ignore the papers.
- Fight the Lawsuit If you believe the lawsuit filed against you misrepresents the situation, you have the option to fight the lawsuit. This can be done either directly with the entity suing you or through the court.
In Closing
Dealing with being served papers, especially by a sheriff, can be intimidating. If you’ve been served, take the time to understand the nature of the papers you’ve received and how you can best respond. If you’d like more information about your options or want to speak with an objective third party, don’t hesitate to reach out to Ascend. We’d be happy to discuss your situation with you.