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This is the most frustrating thing!! Continued from my post the other day....

Date: Tue, 10/20/2009 - 09:14

Submitted by meechell83
on Tue, 10/20/2009 - 09:14

Posts: 103 Credits: [Donate]

Total Replies: 16


So I get a call from Karen Miller who says she is a process server. She calls my work number 3x before I finally pick up (thinking it may be an emergency) She says she has been trying to locate me all morning because she is scheduled to come to my work to serve me a summons. She says the plaintiff is The BAR group and that I have one chance to settle this today. She said the charges are attempt to defraud a finiancial instiution and something else (bad check I think). I told her that I told BAR group that I could pay by mail and that wasn't an option. She said she doesn't relay messages but she could give me the contact information for them. She said I have until the end of the day to resolve this with them and they have to fax her and ROF form to void the summons. Obviously I'm not going to call but this IS a little upsetting. I sat here at my desk shaking for a minute before I finally calmed down.


These people are idiots. Pay them no mind and tell them they have been reported to the FBI for making FALSE threats!! You cannot get arrested for not paying a payday loan!

Stay calm and remember you have consumer laws that protect you from this type of harrasment.

:FYI: if the company was going to summons you to court you would be served by a local Sheriff, not her in person. That in itslef lets you know she is full of it ;)


lrhall41

Submitted by Cool_Abyss on Tue, 10/20/2009 - 09:33

( Posts: 2936 | Credits: )


Cool, if Meechell is getting a lot of calls at work, would it help if she sent them a Cease and Desist letter? Or would that not do any good? Otherwise, Meechell, I agree with Soaplady, tell her you'll be at the front door to greet her. ;) I know these calls are a pain but try not to let them get to you.


lrhall41

Submitted by on Tue, 10/20/2009 - 10:06

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Hey Kfstaff!!! Long time. Good to have you back ;)

Pach, a C&D letter does not apply to the OC. So in this case they will just ignore it. What she needs to do is get verbal and state her company is looking to file harrasment charges for the nonstop calls. Maybe that will decrease the calls or alltogether stop them.


lrhall41

Submitted by Cool_Abyss on Tue, 10/20/2009 - 10:22

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If you were going to be served it would be by a sheriff and they would try to come to your home first. I was served by a sheriff when I wasn't at home. They didn't come to my office, there was a small white form left on my door letting me know that someone was there to serve me and that I could call the local sheriff's office to either come get the paperwork, or to schedule a time for them to serve me.

I took out a payday loan years and years (I think 2004) ago. The loan was for $200, I paid back $300 before I finally closed my account. They called the place where I was working (at that time) and threatened to have me served. I told them go for it. You know what. I haven't heard a word from them in 5 years.

If you stand up for yourself then they will back down, especially if they are illegal in your state. If you get scared and let them intimidate you, they're going to keep pushing you until you pay just to get them off your back.

I hope you are able to work everything out! Good luck!


lrhall41

Submitted by anc526 on Tue, 10/20/2009 - 12:01

( Posts: 192 | Credits: )


okay before i say any of this, i really do not believe a word that woman says (and i will tell you why)
but to clarify things, i know in NJ process servers can serve summons and it is pretty common. it is a service that is more expensive than having sheriff officers but it is not unheard of.
what is unheard of is them calling someone to tell them what is on the papers. when serving they basically have you (or anyone over the age of 16 actually) sign for the papers and you recieve the complaint which than tells you why you are being sued. they serve at homes but it is pretty common for them to serve people at work - mainly because that is where people usually are during buisness hours. they will go to whatever location the plaintiff provides for them to go to. the plaintiff usually gives just one location and after three attempts if they do not find you they leave the note. if you do not call or make arrangements it is all sent back to the plaintiff.
i doubt she is a server (as i said, they would just serve you at work, it happens everyday and your employees likely would not notice, they might even leave it with HR but they will not call). i just wanted to clear up some stuff - that is how it is in NJ anyway,
i am not telling you this to worry you though. they would just serve the papers, they would not call and tell you why. they would not work for the collections or whatever at all.. they would just have someone sign for the papers and that would be it.
i would call her bluff and ignore her calls from now on.


lrhall41

Submitted by bea2ls on Tue, 10/20/2009 - 12:48

( Posts: 3840 | Credits: )


Quote:


actually an OC has to abide a C&D in reference to work calls,but it must be in writing.


No offense Paul, but could you please tell me which law creates that obligation upon the OC? I have never seen any local, state or Federal laws (other than FDCPA) that compel a creditor to stop calling an employer upon the debtor's written request.

Not that I'm defending OC's that engage in the practice of "harrassing" debtors at work. But sometimes that is the only way to reach a person, if all their other numbers are disconnected.

I suppose that is a little off topic. To the OP, a process server does not normally collect or demand payment. Like others have said, their job is only to serve summons for a case that has been filed with the court. Next time she calls, in addition to what others have mentioned, you should ask her for the case # and what court the case was filed in.


lrhall41

Submitted by DebtCruncher on Tue, 10/20/2009 - 16:11

( Posts: 2293 | Credits: )


well if an employer states that over the phone.then the OC still calls.then the employer sends the C&D stating that non-business calls are not allowed.doesn't the OC open themselves up for action by the employer,not the employee?i understand your point of view DC.i'm looking at it from the employer's perspective.btw i was also referring to illegal pdl's not legitimate creditors.i did have CHASE awhile back,and they actually didn't call my employer simply by them stating no none-business calls.it depends,but illegal ipdl's should be sent C&D letters.it can't hurt.


lrhall41

Submitted by paulmergel on Wed, 10/21/2009 - 05:23

( Posts: 15514 | Credits: )


Meechelle, personally I would go with what Debtcruncher says. He/she seems almost expert and I have taken the advice given abd never had a problem. Personally, I woukd go with what seems like a sure thing rather than speculation. Good luck
This site offers valuable info, just be sure what you do is for the most part correct.
I have been "saved' here.


lrhall41

Submitted by on Wed, 10/21/2009 - 05:37

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