Hi blish42, welcome to RegulationRoom. Most lawsuits to collect debts are filed in state and local courts. State rules decide the procedure for bringing and defending lawsuits. With that in mind, do you have ideas for how new federal rules could address these issues without interfering with states' control over state and local courts?
Hi blish42, if you go to your profile page and click on “My Comments” to the right, it will bring up your comments and each of them has a permalink at the bottom. You can share this link, but anyone who wants to comment on Regulation Room will need to register. Thank you for sharing the discussion with others, and please let us know if you have other questions.
I knew a man who was sued by a debt collector and he was not served. "Someone" was served, but not at his address and he was denied due process. He learned of the suit when it was a judgment on his credit report. He attempted to have the judgment overturned for lack of due process and the judge would not grant it. Unfortunate, but yes they are allowed to deny due process and get away with it.
I'm in agreement with that statement. Having worked for a Sheriff's Office where we served many debt collection processes, I found that not much effort is made to locate the proper address for the defendant. When we would find the defendant had moved, we would return it not found. However, the same cannot be said about private process servers who go out and post processes on the door without confirming they live there.
I believe that most Defendants are properly served. I review about 200-300 civil cases a month and very rarely is service done improperly. This does vary a bit from state to state but in my experience the majority of defendants have been properly served.
Moderator
1
Hi blish42, welcome to RegulationRoom. Most lawsuits to collect debts are filed in state and local courts. State rules decide the procedure for bringing and defending lawsuits. With that in mind, do you have ideas for how new federal rules could address these issues without interfering with states' control over state and local courts?
View this comment in the discussion thread
Moderator
2
Hi blish42, if you go to your profile page and click on “My Comments” to the right, it will bring up your comments and each of them has a permalink at the bottom. You can share this link, but anyone who wants to comment on Regulation Room will need to register. Thank you for sharing the discussion with others, and please let us know if you have other questions.
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Aaron Racicot
3
To my knowledge, the process servicers must deliver or make an extraordinary effort to deliver notification to those being sued.
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puterbug
4
I knew a man who was sued by a debt collector and he was not served. "Someone" was served, but not at his address and he was denied due process. He learned of the suit when it was a judgment on his credit report. He attempted to have the judgment overturned for lack of due process and the judge would not grant it. Unfortunate, but yes they are allowed to deny due process and get away with it.
View this comment in the discussion thread
Dorothy Simmons
5
I'm in agreement with that statement. Having worked for a Sheriff's Office where we served many debt collection processes, I found that not much effort is made to locate the proper address for the defendant. When we would find the defendant had moved, we would return it not found. However, the same cannot be said about private process servers who go out and post processes on the door without confirming they live there.
View this comment in the discussion thread
U.S. Marine
6I believe that most Defendants are properly served. I review about 200-300 civil cases a month and very rarely is service done improperly. This does vary a bit from state to state but in my experience the majority of defendants have been properly served.
View this comment in the discussion thread