Legal Question in Credit and Debt Law in California
Served without proof of debtors signature?
Is it legal for a collector to lie and scare a debtor into thinking they've been served without proof of debtors signature? A collector is claiming a debtor was served on Easter Sunday when the debtor was not home to even recieve a summons, and even if the debtor was it would definitely be remembered on such a date. Is there any legal steps a debtor can make to take action against the collector lying and using scare tactics?
2 Answers from Attorneys
Re: Served without proof of debtors signature?
absolutely! email me more specific details regarind your case, and i will give you further legal assistance and/or representation in this matter.
Re: Served without proof of debtors signature?
I have encountered this before. I am aware of one situation where the process server "served" the individual at 6 am. Unfortunately, the address shown on the proof of service was a Mail Boxes, Etc. location.
They do not need your signature for service, but the process server is under oath when he says service was completed.
There are a number of collection agencies who try to scare people into paying a debt that they cannot sue on due to statute of limitations.
Each case is different, and you must respond to this matter right away.
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