Threatened with home search

[Ironmike57]

What is the name of your state (only U.S. law)? Florida.

Yesterday, my wife received a call from a "local process server". The call came from a restricted number and the woman gave her name but left no company name or contact number. She said that she had certified documentation and was scheduling a search of my wife's home or place of employment on Monday March 5th, 2018. She mentioned a summons left a case # and phone number for the plaintiff. We called the plaintiff several times during regular business hours and was greeted by a voicemail prompt every time.

We believe that this is an old credit card debt that has resurfaced in my wife's name. But we are not sure.

Can they come to our apartment and search our premises? What are they looking for? Can they sack my property if the account was in my wife's name?

Many thanks in advance for your help. This is supposed to occur on Monday and it is now Friday evening.

Take care,

Mike

 

[adjusterjack]

No, they can't search your premises. Only police can do that with a search warrant.

This seems like a scam to scare you into paying money to get them to go away.

If they really were process servers and there really was a lawsuit filed they wouldn't be calling you to warn you about they would be showing up at your door with the papers in hand.

Check your county courts for that case number. My guess is that it doesn't exist.

Read the FDCPA. What they've done is likely illegal and could entitle you to monetary damages if you sued them for it.

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

If anybody does show up Monday, hold your phone in your hand, tell them they are trespassing and have 3 seconds to get off your property, then dial 911.

 

[LdiJ]

No, they can't search your premises. Only police can do that with a search warrant.

This seems like a scam to scare you into paying money to get them to go away.

If they really were process servers and there really was a lawsuit filed they wouldn't be calling you to warn you about they would be showing up at your door with the papers in hand.

Check your county courts for that case number. My guess is that it doesn't exist.

Read the FDCPA. What they've done is likely illegal and could entitle you to monetary damages if you sued them for it.

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

If anybody does show up Monday, hold your phone in your hand, tell them they are trespassing and have 3 seconds to get off your property, then dial 911.

Ditto, wholeheartedly!

 

[Ironmike57]

Many thanks for the replies. I checked Broward County for the case number and my wife's last name. There is no case # on record.

We thought that this might be a scam (like the IRS boiler room scams from India). It is just a bit different when it happens to you.

Take care and have a great weekend

Mike