Debt Collection Scams

While I realize this is not about family law, last night I got a call from a friend because she had a voicemail from a “process-server” saying that the process-server was going to serve her with a lawsuit between 3:00 and 5:00 today. Further this “process-server” stated that if service was not successful that they would show up at my friend’s place of employment which would require involving her supervisor and others. Lastly this “process-server” said if service was not successful that a judgment could be taken against my friend.

After listening to this message I advised my friend that this was a scam. Here are the things that stood out about this message:

• Process servers do not give advance notice. They just show up.
• Threats to show up at her employment if they could not serve at the time in the message and involve her supervisors. They do not need to involve your supervisor unless you are in a restricted area where you cannot be served and they need you to come outside.
• You cannot get a default judgment against someone without proper service.

People that are having trouble paying their bills have enough on their minds which is why these scams work. People are scared that a process-server is going to come knocking on their door and that they are going to lose their home or their car or will not be able to put food on the table. So these people call back the “process-server” who turns out to be a debt collector. I am even willing to bet that a lot of these debts are beyond the statute of limitations (meaning you cannot sue to collect the debts) or are for debts that you never owed, but the person who owes the money usually does not know that. In any case, when you do call back this debt collector probably tells you what you owe and to who and tries to negotiate a settlement with you and threatens that if you do not pay they will proceed with the litigation.

In situations like these I recommend not returning the phone call. If it is a real debt that you owe someone will call you about that debt without using threatening tactics.