Someone came to my house, maybe late in the evening or on a weekend. They were wearing civilian clothes and driving their personal car. They handed me some official looking papers stating that I was being sued by some company I’ve never heard of on an old credit card debt. Should I be concerned? Is this legitimate?
Chances are you have been sued by someone in the debt buying industry. Debt buyers will purchase large bundles of charged off accounts, then try to sue on them as if they were their own. They frequently lack substantial documentation to prove their case, but are counting on a very high default rate, or that the consumer will try to defend
themselves. Chances are you have been served with a genuine debt collection lawsuit. If you have any doubt, call the court. Most attorneys that work for the debt buyers will utilize private process servers, which are technically civilian officers of the court, but generally have full time employment elsewhere.
Any plaintiff is certainly within his right to utilize a private process server instead of a court deputy to obtain service. I have done so myself. The more informal appearance of a civilian process server combined with the consumer’s lack of familiarity with the debt
buyer can lead the new defendant to not take the matter seriously. A failure to
answer could result in a default judgment being granted against you. It’s your
choice. If you never answer, you make it easier for the debt buyer to win a quick default judgment against you for potentially thousands of dollars.
If you are served, one page of the service should include a citation page. This should include the contact information for the court. You can always speak to one of the court clerks to verify that the suit has been filed. Or, you should speak with me or another consumer
attorney to discuss what is going on. One good way to tell if you are really
being sued is by looking to see if you are getting solicitation letters from
attorneys who want to defend you. These are generally sent out based on the
public records of court proceedings.
Call me now to discuss your situation. I offer a free consultation.