Chloe Meltzer | March 11, 2024
Edited by Hannah Locklear
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: In a court of law, sewer service is the act of intentionally failing to serve a notice of complaint to a defendant.
When it comes to being served with a debt collection lawsuit, there are measures in place that need to be upheld. One such measure is the proper service of court documents to the opposing party. In the realm of civil litigation, sewer service is the term used to describe failing to serve a notice of complaint on a debtor.
There's a reason they call it sewer service—it's a pretty crappy thing for a creditor to do.
In a court of law, sewer service is the act of intentionally failing to serve a notice of complaint to a defendant. The defendant is often the one in debt, and if the plaintiff (usually a debt collector or law firm) does not properly serve them, it is sewer service.
When filing a lawsuit, the plaintiff usually must include an affidavit stating the defendant has been served. In sewer service, the plaintiff lies on the affidavit: the defendant wasn't properly served and may not know about the lawsuit. When the defendant does not appear in court, the collector would be awarded a default judgment. This can lead to garnishment of wages and other issues for the defendant, which is unfair if they were never notified of the lawsuit.
Sewer service is a deceptive practice. It leaves consumers at a completely unfair advantage because a defendant cannot fight a lawsuit that they don't even know exists, and failure to appear in court will automatically result in a default judgment. Default judgments can lead to serious complications for the consumer. Such complications may include:
Sewer service violates the rules of civil procedure for most states, usually Rule 4, which outlines the law surrounding proper service. You can double-check your state's service laws under Rule 4 here.
Sewer service is arguably a violation of the Fair Debt Collection Practices Act (FDCPA). Because of this, you can sue or countersue a collection agency if you're a victim of sewer service. Unfortunately, this type of service has become a common practice, but if you know your rights under the FDCPA, you will know what actions you can take.
If you believe that you are being sued for debt and you were not properly notified, or worse, a default judgment has been placed against you, then you need to take action.
If you have already lost the lawsuit by default judgment, then you can file a Motion to Set Aside Judgment.
If the deadline has not passed to respond to the Complaint, then you can file an Answer arguing you should win because of improper service.
SoloSuit makes it easy to do this.
SoloSuit helps people fight debt collectors. We have everything you need to win. How it works: SoloSuit is a step-by-step web app that makes it easy to complete a Debt Validation Letter.
"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
SoloSuit can help you file an Answer in all 50 states.
Here's a list of guides on how to respond to a debt collection lawsuit in each state:
Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.
Statute of Limitations on Debt Collection by State (Best Guide)
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.
Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.
Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.