Requirement for process of service for legal proceedings

[Fun_4me]

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

Can a collection agency or "consulting firm" (Trident Consulting Firm in CA) actually bring legal proceedings against me if I live out of the country? I've lived in Indonesia for 8 years now following a divorce. This firm contacted several members of my family yesterday about a "pending legal proceeding against me". When I contacted them, the man just started threatening me but refused to even tell me what this was about. I told him that I don't live in the country, so he said that the "proceedings will simply take place without your presence". Is this legally possible in Arizona? He did intimate that this was now a criminal matter somehow. So my second question is: if there was some sort of criminal matter against me, the state of Arizona would not hire a consulting firm from California to tell me about it right? The things that are running through my head are like a traffic cam ticket or something from 8 years ago or maybe an old debt from the divorce. But if anything truly escalated to "criminal", the state would send something to my last known address or something right? They wouldn't hire an agency to inform me, yes? Is there a place I can call or email to find out if there is a criminal case against me?

Sorry for the disheveled post, but I'm just quite concerned.

 

[FlyingRon]

If you are preventing personal service by absconding from the state, they can serve you by alternative means (notably by publication). If you don't appear in court, they can get a default judgment against you. If you are without Arizona assets and don't ever intend to return, they're pretty much screwed, but judgments last a long time and if you do return they can attach bank accounts, etc...

 

[Fun_4me]

Response

Hi there,

I certainly didn't abscond from the state to avoid debt. The man refused to even tell me what this was regarding until I have him MY personal information to verify my identity. But, you're saying it IS possible for a court hearing to actually take place completely without my knowledge? On what grounds would a court allow this alternative means of service? Would a court just arbitrarily agree to accept this publication service if they have been informed I've left the country? If this is the case, it would give creditors and collection agencies carte blanche in obtaining default judgments without having to serve anyone. How would I then fight this--a legal proceeding I didn't know about? Would I have grounds to have it dismissed because I'm not even able to view "publications" in Arizona?

I plan to send a letter to the address I got when I called back--demanding they inform me of this debt and to cease and desist leaving insanely threatening messages on all my family's phone numbers. They actually called my x-inlaws on their brand new cell phone numbers. I don't even have these numbers--how the holy hell did they get them? I've saved all the recorded messages.

 

[LdiJ]

Hi there,

I certainly didn't abscond from the state to avoid debt. The man refused to even tell me what this was regarding until I have him MY personal information to verify my identity. But, you're saying it IS possible for a court hearing to actually take place completely without my knowledge? On what grounds would a court allow this alternative means of service? Would a court just arbitrarily agree to accept this publication service if they have been informed I've left the country? If this is the case, it would give creditors and collection agencies carte blanche in obtaining default judgments without having to serve anyone. How would I then fight this--a legal proceeding I didn't know about? Would I have grounds to have it dismissed because I'm not even able to view "publications" in Arizona?

I plan to send a letter to the address I got when I called back--demanding they inform me of this debt and to cease and desist leaving insanely threatening messages on all my family's phone numbers. They actually called my x-inlaws on their brand new cell phone numbers. I don't even have these numbers--how the holy hell did they get them? I've saved all the recorded messages.

This is a pretty insidious and illegal form of debt collection. They are lying when they say its a criminal matter and they may even be lying about suing you. They are basically trying to scare you into paying whatever they ask...without asking any questions. Its also quite possible that the debt is past the statute of limitations as well. In fact, its almost guaranteed that it is if you have been living in Indonesia for the last 8 years.

Your relatives need to tell them that they will report them for harassment if they do not leave them alone. Go ahead and send your letter asking for validation and insist in the letter that all communication must be in writing.

 

[FlyingRon]

I agree. If this is a third-party debt collector, they are enjoined by the FDCPA from a number of these issues. They can't threaten criminal action (or even any legal action if they no they are barred from doing so). They can call related numbers and inquire for you or how to reach you, but they can't tell those other than you that it is a debt collection effort.

But whoever owns the debt certainly can serve you by publication in Arizona if the courts have personal jurisdiction over you there. If you were living there when you signed the contract that led to the debt, or lived there when you defaulted, they very much can sue you there and YES you may not find out about it until after the default judgment occurs.