Shady process server - please help!

[bear191]

I live in Louisiana. While out of town, I had asked my daughter to check in on the family pet while I was away. While she was at my home a man came to the door and proceeded to knock and ring the doorbell continuously. She was out back with the dog at first and was in the process of putting the dog up when this occurred.

I have video cameras set up around my house so that I can view who's at the door before answering. She looked on the monitior and saw a man furiously banging on the door which immediately alarmed her. He was yelling my name and saying that he had a summons and that I must open the door immediately. My daughter who is nineteen was terrified. Needless to say she did not open the door.

After fifteen minutes of this, the man yelled that he was leaving the papers on the doorstep and he said "consider yourself served". I believe this is in reference to a credit card debt that I owe. It is my understanding that Louisiana Civil Law states that when serving someone at their domicile that they have to give the papers to an actual person that resides there. Can this process server get away with leaving the papers on my doorstep? What are my options if this man lies and says that he gave the papers to me? What if anything should I do about the papers?

[Ladynred]

LA allows for personal and domicilary service of process, which means they can leave it at your house- BUT it does say they must leave it with a PERSON. This may or may not be splitting hairs, but if it was evident that there was someone there, like your daughter's car in the driveway, then it's probably going to be valid service.

Art. 1231. Types of service; time of making

Service of citation or other process may be either personal or domiciliary, and except as otherwise provided by law, each has the same effect. Service, whether personal or domiciliary, may be made at any time of day or night, including Sundays and holidays.

Art. 1232. Personal service

Personal service is made when a proper officer tenders the citation or other process to the person to be served.

Art. 1233. Same; where made

Personal service may be made anywhere the officer making the service may lawfully go to reach the person to be served.

Art. 1234. Domiciliary service

Domiciliary service is made when a proper officer leaves the citation or other process at the dwelling house or usual place of abode of the person to be served with a person of suitable age and discretion residing in the domiciliary establishment.

What if anything should I do about the papers?

Well for one thing, don't ignore them !!! If the Summons says you must file an Answer within a set period of time then DO it, do NOT blow it off or you WILL lose automatically and have a judgment against you. If you're not required to file an Answer and just must show up in court, GO to court. It could be your LAST chance to negotiate a settlement or payment arrangement.

How old is the debt and when did you last pay the ORIGINAL creditor ?

[HomeGuru]

dupicate thread.

[bear191]

My daughter doesn't live at my home. I spoke with a friend of mine's son who is fresh out of law school. He said that stuff doesn't fly in Louisiana. If it did, everybody would be doing it. The server has to give them to a person that lives there. The papers were not a summons to any court in Louisiana. They were regarding an online arbitration forum in MN. He said that Louisiana does not recognize any arbitration outside of Louisiana. If it did, everybody would be doing it. He said the arbitration would be null, void, and unenforcable. He feels that because this debt is just shy of three years, that this is a ploy to initiate contact. Entering into arbitration would constitute a promise to pay. What do you guys think?

It's not that I don't trust my friend's son; it's just that he hasn't had much experience. I can't afford a lot of legal fees right now. We've had some hard financial times over the last three years. We were just getting back on our feet, when Katrina hit. As a result, my husband lost his job and his previous employer didn't even pay him for the last week he worked. We're back on track now, but we still have a long way to go. I was referred to this site by another friend who said and I quote, "The people on this site are top notch; they really know their stuff."

I appreciate any thoughts or recommendations that you may have.

Thanks and have a great day!

[Ladynred]

He said that Louisiana does not recognize any arbitration outside of Louisiana. If it did, everybody would be doing it.

Yes, well everybody IS doing it. And no offense, but if he's fresh out of law school with no experience in how things work in the REAL world, I would not rely on his 'advice'.

He feels that because this debt is just shy of three years, that this is a ploy to initiate contact. Entering into arbitration would constitute a promise to pay. What do you guys think?

Oh, its hardly a ploy, its real. Most credit card agreements these days come with a mandatory arbitration clause that you agree to when you use the card and it DOES stand up in the courts. You don't 'enter' into the arbitration, you've already AGREED to it with the card whether you were aware of it or not. If they get the abritration award, they can take that to your local courthouse and have it confirmed as a judgment. This award has NO effect on the statute of limitations as the award in and of itself is pretty worthless.

How close, exactly, is this debt to expiring under the 3 year SOL ?? If you don't know, pull your credit reports and look for the date of last activity. Unfortunately, when it comes to the arbitration, the whole thing is rigged AGAINST the consumer, 98.9% of all cases are decided AGAINST consumers.

[bear191]

Ladynred, thanks for responding. I'll have to research the last activity date on the account, but I am almost positive it is two months shy of three years. I have been researching the web and I did find this:

"The Louisiana Arbitration Law sets forth general provisions governing the validity of arbitration agreements, the appointment of arbitrators, the award, the effect and enforcement, and the appeals process (R.S. 9:4201 et seq.). Louisiana law also includes more specific statutes regarding the arbitration of medial and dental services or supplies contracts (R.S. 9:4230). However the legislature has made it clear in all of the arbitration statutes that a provision or agreement requiring arbitration to be conducted outside of this state is null, void, and unenforceable."

So does the above mean they can go to the local court house and get a judgement or not? If the award is worthless, why do the courts uphold it? Also how does this apply to bank accounts? All my accounts originated in Louisiana. To get a judgement do they have to go through the local court house or do they have other options? Also if they do go through the local court house, do they have to serve me first?

Thanks for the help.

[bear191]

Ladynred, thanks for responding. I'll have to research the last activity date on the account, but I am almost positive it is two months shy of three years. I have been researching the web and I did find this:

"The Louisiana Arbitration Law sets forth general provisions governing the validity of arbitration agreements, the appointment of arbitrators, the award, the effect and enforcement, and the appeals process (R.S. 9:4201 et seq.). Louisiana law also includes more specific statutes regarding the arbitration of medial and dental services or supplies contracts (R.S. 9:4230). However the legislature has made it clear in all of the arbitration statutes that a provision or agreement requiring arbitration to be conducted outside of this state is null, void, and unenforceable."

So does the above mean they can go to the local court house and get a judgement or not? If the award is worthless, why do the courts uphold it? Also how does this apply to bank accounts? All my accounts originated in Louisiana. To get a judgement do they have to go through the local court house or do they have other options? Also if they do go through the local court house, do they have to serve me first?

Thanks for the help.