Process Server Asked Permission to Serve Papers
Date: Thu, 05/12/2011 - 06:35
* I received a call from an alleged Process Server at work on 05/10/11 asking first for my home address then for permission to serve me papers at work.
* After my boss told him "None of your business" and "No", I got on the phone and started asking questions.
* I asked what the papers were for, he told me that he didn't know for sure as they were sealed, but he could tell me that they had to do with a Summons to Appear.
* He gave me an 877 number and a reference number to call to get more information. Then he told me that he would pause the process service until he heard back from the people who hired him.
* I called the 877 number after work and gave them the reference number. I was transferred to the lady who was in charge of my "case".
* I was told that I was being sued for an old credit card debt. She told me that I owed $7,000 now, but after they receive judgment against me and the legal fees were tacked on to that amount, I would owe them $10,000.
* I asked why I've never heard anything from them before now and she told me that they sent a couple of letters to me me over a month ago to two different addresses and then asked me why I never responded (I would have sent a DV letter had I ever received anything from these people).
* She told me initially that it was the OC that was suing me, but she was unable to provide contact information for them. She suggested that I call their generic 800 number, but they probably wouldn't be able to help me as they (the OC) don't own the account anymore.
* I asked who then was suing me since it obviously wasn't the OC and she told me that it was "Portfolio Management and Recovery". I asked for their contact information and she told me that I was already talking to them.
* She basically told me that I had two options: settle the debt over the phone or face them in court.
Current credit reports as of the end of April? Clear. Date of Last Activity for the OC? 10/2004. Past collection activity? 3 different CAs (JeffCapSys / Midland in 2005 and Genesis in 2007). SOL for my state? 3 years for open accounts and 6 years for written contracts (my state can't make up its mind about what category credit card debt falls under).
Any suggestions or comments?
yes as no process server will call ahead much less give a number
yes as no process server will call ahead much less give a number to call.this is a scam.to verify this check your court clerk's website.use your name as the defendent.btw they also will not contact you at work,and ask permission.check that out and when you see there is no case.then treat this place as the scam it is.btw since the date of last activity is 2004,and this is 2011 the SOL has passed either way on this.unless you made a payment to those other places the dates should be dates they purchased the debt.again this sounds more and more like a scam meant to scare you into paying a time-barred debt.treat it as such.
Send them an FOAD letter...tell them to hit the road...it is out
Send them an FOAD letter...tell them to hit the road...it is out of SOL.
Thanks for the feedback! My initial reaction after speaking wi
Thanks for the feedback!
My initial reaction after speaking with the "Process Server" and the lady who was handling my case was that it was complete and total BS. Nothing about either telephone call added up to me.
I mean, I haven't had any previous personal experience with process servers, but I'm pretty sure they don't ask permission to serve papers. Also, if I was being sued by this company, they should have been able to furnish as information as I needed for the OC (assuming they had a case to begin with).
My gut told me to just chalk it up to a JDB trying to intimidate me into paying on a time-barred debt since they knew they don't have any legal recourse; however, part of me still thought that there might be some legitimacy to it.
Besides, it was embarrassing having these scumbags call me at work and using my boss to phish for personal information.
