You may recall reading one of my recent blog posts where we successfully
overturned a nine year old judgment because process was never correctly
served on our client. Court papers were never handed to our client or
a member of their family at their home at the start of the case, as required
by law. We successfully got the judgment thrown out and are now counter-suing
the debt collector for debt harassment.
There are no statistics on exactly how often process servers mess up service
for credit card cases but it is a frequent occurrence, a guess might put
it as high as fifteen or twenty percent of the time but there is no way
to know for certain.
We were just hired to fight for a client who apparently lost a debt-buyer
credit card lawsuit nine years ago and had no idea the case existed because
they were never served court papers. The first they learned of the case
existing was when the debt buyer tried to garnish their paycheck, nine
years layer. According to the official court records, the court papers
were delivered to a person of unknown gender at some random address our
client was not even living at.
Just like the other case, we are now trying to get the judgment reversed.
The rules about properly delivering court papers are very strict and we
are very optimistic that the judgment will be thrown out.
Two nine year old judgments, each thrown out within a few weeks of each
other because court papers were never served correctly? Debt buyers make
all of the time, giving lawsuits to people with similar names who live at a different
address, to a neighbor, leaving it in a mailbox or simply never delivering
it at all and claiming they did.
If you think this has happened to you, contact our office and we can investigate.
This document has been provided for informational purposes only and is
not intended and should not be construed to constitute legal advice. Please
consult your attorney in connection with any legal issues related to the
matters discussed in this article as the applicability of state, local
and federal laws may vary