With all the recent breaches, they don't even have to have anything but your name, perhaps your number, and they can pull off a scam like this. Everybody freaks when they think they're being served. There are some legal types on creditboards who help people figure out what's going on, similar to the helpful folks here, just more detailed. I love reading these stories, but I hate how these scammers go around scaring people for money. Maybe scare THEM for money.
+2
Shana
| 1 reply
Im soooo confused. This same lady by the name of Mary Reed called me two months ago saying she was going to serve me papers. Unless i called some claims office. After being annoyed by them over some debt they claimed I owed I blocked them. Now today she said she is coming to serve me tomorrow. Unless i call this claim office again. Im pretty sure they dont call you ahead of time to warn you. And i even checked the court system there is nothing out there for me. So wouldnt there be something before they serve papers.
Yes, and you could have probably learned more by looking the number that called you and posting there. That is what the search box on this site is for.
-4
Shurleen
What is it about,you ask ? Process servers never Know,they just deliver them.
+2
etal
| 3 replies
I believe most courthouses now have public internet access to look up a case in the system. If not, you should be able to call the clerk to look it up for you.
Additionally, I believe anyone filing a case for court has to notify the defendant (serving papers) at least 30 days or more before the pending case is scheduled. It cannot be served before 30 days of the scheduled court date or the date will have to be rescheduled. No court has an open ended date conditional of when papers were served.
Actually, as a lawyer it's kind of entertaining watching people fumble around. A trial lawyer (the kind that goes to court, (as of twenty years ago, before New York had electronic filing)) could probably take a look at it and decide how much time and attention it deserves.
The best advice I have seen here is, if you can identify the case and the court go there and ask the clerk's office. In Brooklyn. If you get confused and see a court policeman, ask them where the clerk's office is.
If the copy you get doesn't even tell you the court than it probably is a scare tactic.
And, of course, as a lawyer I disclaim any knowledge of anything after twenty years ago or outside of New York and New Jersey. I recommend you seek counsel.
Sir B - I was a process server in the State of California. Mostly I did evictions. Different types of legal documents have different criteria for who must serve them. Some require a Sheriff to deliver. Most do not. I have never had documents that require two people (one to serve as a witness). After service, the process server must fill out an affidavit and file with the court the details of the service; i.e., time, details, who was served, place served, etc. All the legal process servers I know were definitely not "bottom of the barrel" type of people. There is some art to it. A process server does not have to announce himself as such. Sometimes you have to be clever in serving people as they are "dodging the bullet" so to speak. I have served papers on crutches with a toddler in tow (unsuspecting). I have also left the papers on the doorstep (perfectly legal) after being threatened with a gun. Process serving is actually a very dangerous job. I often use my cell phone to notify someone that I am attempting a service at such and such an address . You asked for a little background, I hope I didn't bore you. Additionally, I don't think the paperwork you were served is legal. They are tightening down on the phone calls telling you they are going to serve you, maybe this is a new way to get around that. I remain Annoyed.
So you actually warned people in advance that you were going to serve them? I can't imagine that did you much good because why would anyone stick around to be served if they knew you were coming?
I think what "Annoyed" was saying was that he used his cell phone to notify someone he knew that he was about to serve papers (in case something happened to him), not that he would notify the person he was about to serve. He made it pretty clear that it can be a dangerous job and he had to surprise the people getting served.
I would suspect that in that particular situation s/he did not think the situation dangerous and the kid not at risk. In that case, it was probably someone that fell under the definition of "dodging the bullet" but not potentially violent or a threat. The subject was probably wary of anyone who might seem to be a process server and a disguise of someone hobbling along on crutches with a kid in tow was apparently not what the subject was expecting so they let their guard down.
Take a look at SeattleTimes.com recent article on bill collectors. Some states (including Washington) do not require anything to be filed with the court until just before trial. No service papers, no file, nothing.
I've been a process server and have disguised myself as a gardener/motorcylist/etc. I agree a default judgement would be easy to invalidate, but until the states legislatures get their act together to outlaw this I would assume the worst..
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