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  #1  
Old 01-13-2003, 10:10 AM
seelingk
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Angry

The Summons Was Real !


What is the name of your state? NYS
I went to the civil court just to make sure the nature of the paper they gave me. It was real. The court filed an answer. I am still confused: the summons was dated Nov 14 2002, they guy knocked on my door on Dec 31 2002 four AM in the morning. He didn't ask for signature. How could they prove that I have received this paper and when he gave it to me.

Now since this is a processing service, did they still violate the FDCPA ?
  #2  
Old 01-13-2003, 11:17 AM
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Join Date: May 2001
Posts: 6,453
Well, since they used a service, tjey committed no FDCPA offense. The burden of proof will be on you to disprove you recieved the summons.
What do you mean the court filed an answer?
  #3  
Old 01-13-2003, 01:28 PM
seelingk
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"file an answer" - When you receive a summons, you go to court, they give you a form to fill out and record the date you appeared and enter in the system so they can set up a trial date for you.

I am not sure what you mean by "use a service". I assume the piece of paper they gave me is a service. The paper is definitely coming from the collection agency. I am more confused now.
  #4  
Old 01-13-2003, 02:10 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Let me try to clarify.

The paper (summons) you got was the 'process'.
The guy who gave you the summons was the 'server', hence the guy is called a 'process server'. There are services that do nothing but this, so its a 'service'.

Hope this helps.
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