Debtconsolidationcare.com - the USA consumer forum

Service?

Date: Sat, 12/15/2007 - 07:53

Submitted by Proud2bamericangirl
on Sat, 12/15/2007 - 07:53

Posts: 10 Credits: [Donate]

Total Replies: 4


Can a collection agency mail a summons and have it considered "served" or must it be served by a process server?
I recieved a summons (I'm guessing) in the mail, and with all the legal jargon I can't fcigure out what it means-I do know it came in the US mail, and not handed to myself or my husband by anyone.

Is this a valid way of doing things? Can they summon me this way? What is a DV? How can I avoid actually appearing in court?

So many questions, I'm so afraid of the answers!


Don't know the specific rules for New York, but it's not unusual to service by mail on consumer debts. The amounts are usually small enough that they fall under the jurisdiction of small claims courts (some states, like New Jersey, even have two levels of small claims before there's enough at stake to get a regular, jury trial). These lower courts often allow service by mail since it doesn't pay to hire a constable to serve a complaint on a small amount. (Remember, these courts aren't just for big corporations and collection agencies. They are the same courts where Barbara Jean can sue Jim Bob over a $100 contract.)


lrhall41

Submitted by FreakyFriday on Sat, 12/15/2007 - 09:49

( Posts: 490 | Credits: )


Cajun is right, it's up to your state's rules. In states which do allow service by mail (I don't know about NY), it's usually delivered CRR. A couple of states allow service by publicaton if at least three failed attempts have been made to serve. I know of a couple of areas where you see this in the newspaper every week.


lrhall41

Submitted by Law Student on Sat, 12/15/2007 - 10:30

( Posts: 1182 | Credits: )