What is the law involving a collection agency suing someone who is active military?
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What is the law involving a collection agency suing someone who is active military?
I don’t plan on running from this but I’m active duty military and I will be leaving the state in just a few short days. I was wondering what the law is in regards to me moving out of state and an agency is filing a lawsuit here and has not yet served me with papers? Is the lawsuit void or will it be void after so many days? I already called trying to make some sort of payment which they refused because I failed to make my previous payment arrangement (which is true). I was also gone the last 3 months for school in the military when they showed up at my parents house with papers.
Asked on June 27, 2012 under Bankruptcy Law, Oregon
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under federal law, the Soldiers and Sailors Relief Act, if a United States enlisted service person is deployed out of the United States and its territories, any lawsuit against this enlisted person is automatically stayed and halted. As such, the plaintiff is precluded from going forward with the lawsuit until the service person returns to the United States.
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