George Simons
April 06, 2021
Summary: Are you thinking that if you can dodge the process server long enough your debt collection lawsuit will be dismissed? Think again. Learn why the best strategy is to respond to debt collectors, not hide from them.
When a debt collector files a lawsuit against a consumer, there is a legal requirement applicable in courts across the country that the consumer be served with a notice of the impending legal action. This requirement is in place to ensure that the consumer (known as the defendant in the lawsuit) is provided sufficient time to prepare a defense and respond to the allegations contained within the Complaint.
If you are operating under the belief that avoiding the process server and never formally receiving legal documents means a lawsuit cannot move forward, you are mistaken.
While it may be possible to avoid a process server physically for a specific period of time, avoidance does not do much of anything to halt the litigation.
The better option is to simply accept the legal documents from the process server and get to work crafting your response to the lawsuit.
Don't avoid debt collectors. Respond with SoloSuit and win your case.
The preferred form of service of process is “personal” service. This entails a process server physically handing legal documents directly to you. However, it is important to understand that service can be completed, even if you did not accept the legal documents from the process server or sign an acknowledgment.
In some instances, whoever answers the door at your residence can be the recipient of the service of process. This is known as “substitute service” (more on this topic below). Other forms of service can be utilized as well. Keep reading to learn more.
If a process server makes repeated attempts to physically serve debt collection legal documents and is unsuccessful, they have other options to complete service of process. Below are examples of some of the most common service options utilized by process servers.
Use SoloSuit to respond to debt collection lawsuits in 15 minutes.
Although you may think that avoiding a process server is a good way to keep a lawsuit from happening, no matter how hard you try, you can't avoid the suit from proceeding. And if you don't show up to court, you could lose more than you would have if you'd accepted service and fought the case.
File a response to a debt collection lawsuit fast with SoloSuit.
If you were not personally served with a Summons and Complaint related to a debt collection lawsuit and you did not receive the legal documents through an alternative form of service, you may be able to raise a lack of service as a defense in the case. However, it is important to understand the standard that is used to judge the performance of most process servers.
Generally, a process server is required to show that they engaged in sufficient due diligence when attempting to serve the legal documents to you. A process server is required to document that they utilized every available means to locate you. This means that you should expect a process server to make repeated visits to your residence, workplace, etc. if they have difficulty completing service of process.
If a process server is, for whatever reason, unable to personally serve you with a copy of the Summons and Complaint, it does not stop the debt collection lawsuit from going forward. Other avenues can be utilized to complete service of process.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
Here's a list of guides for other states.
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