Colection Harassment

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Mahjong157

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I had an old debt with Discover that was charged off in 2001. Another collector, (Atlantic Finance) bought the debt and began immediately harassing me for payment. I was inexperienced at the time and offered payment I could afford, which they refused and harassed me continually, calling me names, threatening me, etc. This eventually stoped.
A few days ago a man showed up at my door at 7pm knowxking. My partner works nights and I do not answer my door to srangers when I am home alone. I heard this person eventually go to my neighbors door and then o-pen my mailbox and walk down the street. This man was in street clothes. When I went to my mailbox there was a packof papers I'll call psudo-legal as the dates were scratched out, etc., but it look4ed like it was a summons to appear in our local city court for payment on this debt, with an added 18% interest supposedly accumulating over the totoal time of the debt, starting in 1997. When I did a search on the attorney, Guy Mitchell Lewitt,447 6th Street, 11215; I could not find them listed with the bar association or even a local directory. These papers were not in an envelope. My mail carrier says it is illegal for anyone to put anything in my mailbox other than mail and that I should report it.

A few days later the same thing happened but the guy said he was looking for my partner, (who lost his job and is trying to get money up to file a bankruptcy). THIS man said he was a process server and my partner asked him to leave our properry. He dropped his paperwork on the ground, came back sometime before the next day and also put another copy in our mailbox., which was again not in an envelope. His paperwork was differnet and had an old fashioned "FILED" stamp, dated 12/29/2005. But it was also a summons on a more currrent debt of his, with another attorney's name. He did not identify himself by name, show any identification and my partner did not identify himself either.

Is any of this legal?
 
US Postal Service/Bar Association

Call the US Postal Service Office in your city and file a report/complaint. Your mail carrier was correct when he/she said it was illegal for this man to put something in your mailbox. Use the lawyers' names as I believe they hire someone to deliver the summons. The second step would be to file a complaint with your local Bar Association against the lawyers' name on both set of papers. Maybe they will be able to give you advise on what to do after that. Also, call the court house and see if there is indeed a court date for you to appear or maybe they can direct you on who to call to see if the summons is real. Keep us updated on what happens. Good Luck! Also, you may try legal aide to help you if you can't afford an attorney of your own. Real process servers know the law and I doubt they would put anything in a mailbox as it is illegal. Do you have a receipt of the debt to Discover being "charged off"? See if Discover will give you one. I'm not sure what charged off means.
 
Actually, if you bring this to the attention to the State Bar or even the Postal Service, it'll prove that you had actual knowledge of the Summons & Complaint. It's not the attorney you have the problem with, its the process server (to file a claim against an attorney with the State Bar, you must first establish an attorney-client relationship, and you have none, so that would be a waste of your time, as well as harm you in the long run as to the pending lawsuit).

The bottom line is that "service" was not "perfected" (leaving it in a mailbox is not legally sufficient). However, if you don't show up in court, you could still get a judgment entered against you, as the process server probably submitted an affidavit to the attorney who hired him which stated that he "personally served" you, and the attorney has probably already filed that with the Court as "proof" that you were served. If you file an Answer which states that service was improper prior to the hearing, then you would be taking a big chance, as every Judge, Court, County and State can differ as to practices, procedures and laws.

You do have options, however, it really depends on the State in which you reside, and the laws governing proper service and defense. In some States, you might be waiving your right to defense just by simply filing an Answer to the Complaint. In my personal opinion and prior 15 years of experience in the legal profession, lack of proper service will not get you out of this, as long as jurisdiction and venue are proper. You'll still have to face it at some point. If you do dispute the "service" issue, you'll have to request a copy of the process server's affidavit from the Court (you can't conduct discovery before filing an answer, unless agreed upon with the other parties in most States), then subpoena the process server at the hearing, question him re: service (and he might lie - and if that's the case, you've lost your "improper service" defense). It would really help to know the State in which you reside so that we can determine the specific laws which apply to service, answer, defense and waiver.
 
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