Jump to content

sewer service - how to hold a process server responsible for their actions


Recommended Posts

Has any member here tried to hold a process server accountable for a "fake" personal service?

They are not accountable under the FDCPA. What claims and under what theory of law can you bring against them?

It is an interesting question but too general to answer. The real answer may depend on how the plaintiff was injured by the unlawful service. For example, if a default was entered based upon such service, and the injured party had to hire an attorney to vacate the default, the process server might be liable under a fraud cause of action if third-party reliance is permitted (the court relied and acted upon the misrepresentation). Another theory of liability in California would be Business and Professions Code Section 17200 et seq for fraudlulent and unlawful business practices.

Link to comment
Share on other sites

It is an interesting question but too general to answer. The real answer may depend on how the plaintiff was injured by the unlawful service. For example, if a default was entered based upon such service, and the injured party had to hire an attorney to vacate the default, the process server might be liable under a fraud cause of action if third-party reliance is permitted (the court relied and acted upon the misrepresentation). Another theory of liability in California would be Business and Professions Code Section 17200 et seq for fraudlulent and unlawful business practices.

Yes, the case was discovered after default judgment. There were expenses to have the judgment vacated.

Thank you for the response.

Link to comment
Share on other sites

IN a recent case in the SDNY, Judge Chin sustained a complaint charging a process server with violating the FDCPA when it falsified the a/s. The court reasoned that if he never made teh alleged service, the exemption for process servers wouldn't apply. The judge didn't say a phony affidavit by a porcess server is an fdcpa violation, but he did say it sates a claim against the process server. I've got one of those now.

You can also use abuse of process, but usually it has a short SOL and you need real damages

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.