My First Lawsuit Filed

Days after our phone application, we received written notice from the bank that our account had been turned over to a “dedicated customer relationship manager.”  From this day forward, our phone calls were automatically routed to this person, with no other options available.

Because of this change, we called our new contact to verify that our verbally approved modification was still in the works, and to confirm that we would indeed receive written confirmation of this within the 10 day period as promised.  This was especially important to us, as we now had an impending foreclosure date looming on the horizon.

However, every time we tried to reach our new designated contact, she was not available.  And even though her voice mail said that she would return all calls within 24 hours, we never did receive a return call from her.

Fed up with the broken promises, and concerned about the foreclosure scheduled for November 1st, I dusted off the motion for a temporary restraining order that I prepared back in June, and drove over to the Cherokee County Courthouse to file my first lawsuit.

Not knowing what to expect, I walked up to the Clerk of the Court’s window, and explained what I was trying to do.  In rapid fire, I was then asked several questions about supporting forms that I had no knowledge of.  When I asked questions, I was told that they were not able to give legal advice, and I would have to decide how to complete the forms on my own.

Completing the forms best I could, I walked back to the original window, paid my $200, and submitted my filings with the additional forms attached. My first lawsuit was now official.

One of the forms I submitted was a Sheriff’s Entry of Service form, which is used to get your lawsuit served properly.  In my case, the Sheriff’s office referenced was Cherokee County, but the defendants were located in other counties.  For this reason, the clerk refused to accept this form, and would not answer any of my questions about this.

Based on the book I had read, I believed I had 30 days to get this done, so I was not  worried about this at this time.

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