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View Diary: NYT: Debt Collectors In The E.R. And At Your Bedside During Recovery (168 comments)

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  •  do you have any idea how to challenge service of (0+ / 0-)

    Process? It's not as simple as kindly telling the arresting officer that this was just a huge misunderstanding. In fact it may be some time before you see a judge. Even then you can't challenge process, because as far as the judge is concerned,  the case has been closed and a judgment rendered.

    So how do you challenge service? You have to actually file a suityer known as a collateral attack. This is not an easy process and really cannot be done with tremendous expense of a lawyer.

    As to your point that process servers first try to serve you personally, the banks were supposed to read each affidavit before signing it, but they didnt,  did ts for hose phone call

    I also get calls from collection agencies for peopple I don't know. A liitle bit of collection humor - I asked the collector if she could kindly check if I had any unpaid bills. The collector hung up.

    •  False analogy. (0+ / 0-)

      Just because banks behaved badly doesn't mean process servers do, too.

      Also, I didn't say they had to serve personally.  I said they had to make a good faith effort to find and serve you.  That can mean mailing service documents to the last known address, too, though from what I understand, they usually make one or two personal attempts first.

      Nor did I say challenging service is easy.  It shouldn't be, or people would be doing it all the time to wriggle out of proper judgments against them.  However, it's also not that hard--the good folks over at do it with some regularity, with varying degrees of success.

      •  i don't think it is such a quantum leap (1+ / 0-)
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        if reputable banks were playing fast and loose with the system in foreclosures - which are a type of debt collection, it is not such a stretch to believe that debt collectors play fast and loose with service of process.

        It's the plaintiff that is responsible for service of process and in most states anyone over 18 can be one. A lot of debt collection firms have an in-house server.

        I'm not saying that all debt collectors are bad - I've personally dealt with (as an attorney!) many that were very professional, but I've seen a few that are willing to say and do anything, even perjuring service of process, to collect.

        Even though the latter category is small, when you are talking about the constitutional right of notice, under penalty of jail for failure to respond, a few is too many.

        I took a look at credit boards and it seems to cover a lot of topics. I couldn't find a specific thread on attacking srfice of process. Granted certain areas are "members only" access. Can you give me a specific link - I really am curious to find another way to (besides a collateral attack) cure improper service.

        •  There's no specific link... (0+ / 0-)

          ...but the topic comes up routinely over there.

          And I do think it's a quantum leap.  Just because the banks are bad actors doesn't mean everyone is a bad actor in their own respective professions.  That'd be akin to saying all lawyers routinely blow off trials because the banks were robo-signing documents.

          The more common collection agency service "scam" is to serve papers to an address they know is not current.  If collection agencies could get away with just serving notice by publication, they'd fire those in-house process servers and do it that way, because it's a lot cheaper to place those ads than to keep someone on the payroll.

          •  i didn't say all (0+ / 0-)

            In fact, I even conceded that it was a few. And yes, there are some lawyers who I would characterize as walking violations of the sixth amendment.

            •  That doesn't address my second point. (0+ / 0-)

              If collection agencies could get away with just serving notice by publication, why haven't they fired their process servers en masse?

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