If you are being sued by a debt collector, the solution is to hire an excellent and experienced debt collection DEFENSE law firm, like Guardian Litigation Group. Some debtors think that the lawsuit will “go away” as long as they can avoid being served with court papers (the Complaint and Summons). However, that never succeeds.
Service of the lawsuit usually means that the Complaint/Summons is hand-delivered to the debtor by a Deputy Sheriff or by a private process server. It is possible to “duck” these persons by hiding in the dark, pretending you are not home, parking your car somewhere “secret,” or doing any number of other things. In the end, though, courts have the power to order and allow other types of service of process.
Some type of proper service of process is required under U.S. due process legal principles. The basic two requirements are notice of that you are being sued and notice of what you are being sued for. Both parts are accomplished when a defendant debtor is served by a Sheriff’s Deputy. The Summons explains that you are being sued, and the Complaint explains why.
If a debtor tries to avoid service of process, as noted, courts can allow other types of service besides hand-delivery. Service by publication is one option. This means that the plaintiff — the creditor — runs a small advertisement in the local newspaper. Another option is service by posting at the courthouse or at city hall. Both service by posting and publication are acceptable methods that satisfy due process. Another option is to allow the Complaint and Summons to be tied to a doorknob or a fence gate, service by regular mail, service by tracked delivery, and service by U.S. Mail with return receipt requested/required. More recently, courts have been allowing service by email, direct messaging, voicemail, posting on the defendant’s personal social media account/page (like Facebook), and other similar communication methods. Most often, when a judge allows alternative forms of service of process, the judge will order ALL of these (or as many as are applicable). The simple point is this: avoiding service of process only delays the inevitable; service will be accomplished one way or the other.
When a debtor makes it particularly difficult to accomplish service of process, this often displeases the judge handling the case. Often, this causes the judge to strictly adhere to the rules and refuse to provide leniency for minor violations. Thus, if an Answer is not promptly filed– usually required within 30 days — a default judgment can be quickly entered against the defendant, which can include money for the full amount claimed (even if you claim the amount should be lower), various allowed-by-contract fees, charges and interest, court costs, the extra costs involved in serving the Complaint/Summons, attorneys fees (where permitted), and more. In turn, this could lead to your financial accounts being frozen, wage garnishments, and property seizure. Having a default judgment reversed or set aside can be very difficult.
In short, it is not a good strategy to try to avoid service of process. It is best to fix the problem rather than avoid the problem. Fixing the problem starts with hiring good debt-collection defense lawyers.
Contact Experienced Debt Collection Defense Attorneys
For more information, contact the debtor’s rights and debt collection defense attorneys at Guardian Litigation Group, LLP. We are here to help if you are being sued for a debt you owe. Our compassionate lawyers will listen to your concerns and advise you throughout the debt collection lawsuit process. Debt collection lawsuits can have lasting repercussions, so please do not hesitate to contact our legal team so we can help you fight back. Our job is to vigorously defend your rights.
