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papers falsely served

Date: Mon, 09/28/2009 - 18:27

Submitted by anonymous
on Mon, 09/28/2009 - 18:27

Posts: 202330 Credits: [Donate]

Total Replies: 2


Is there some recourse if an attorney for a debt collector falsifies serving papers by claiming that an individual was served who refused to give their name and no one at the address looks like the description given in the affidavit given by the server?


A motion to quash the service is a stop gap measure at best and even if successful might simply buy you a little time. Usually the judge will just say, ok, now you have been notified, I will give you an extension to file an answer to the complaint. It depends on the state and the rules for service of process. The main thing you need is either a defense or a strategy for some settlement or payment agreement with the attorney. Usually this is done by taking a stipulated judgment in exchange for a settlement agreement or repayment terms.


lrhall41

Submitted by Damon on Thu, 10/01/2009 - 00:26

( Posts: 80 | Credits: )