absentee Posted November 8, 2012 Report Share Posted November 8, 2012 Hello. I have read a couple of threads and have searched high and low and was not able to find the specifics to a question I have. I was at work when a woman named Dawn stopped by my house and left just her phone number and her name with a document that says:Notice of Pending Action Service of ProcessTo: XXXXX XXXXXXXPlease be advised that we are attempting service of legal documents upon you. Please call XXX-XXX-XXXX within 24 hours and ask for Dawn to schedule your appointment to receive your copy of the court documents. To safeguard your privacy, no information will be provided over the phone. You may, however, have whomever you like at the meeting. Be on time, as the field representative may not wait!!!We emphasize strongly, that it is important you call our office to schedule your appointment within 24 hours! Your failure to do so may be interpreted as your intention to resist or oppose service of process.Your prompt response is expected and appreciated Date/Time: November 8, 2012What you should know about avoiding service1. Avoiding service does not stop the process.2. A judge may issue a posting order and the court papers will be taped to you door. You will be considered served. This will most likely cost you more money!3. Your attorney could lose valuable time for case preparation. This could cost you more money.Ask your AttorneyHe will confirm this information and tell you to accept the court documents immediately.------------------------------------Should I go ahead and contact her? What steps should I take when I contact her? Questions I should ask her? I want to know more about this situation since I have not received anything about any notice in the mail nor what I am being sued for. Any advise would be greatly appreciated. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 8, 2012 Report Share Posted November 8, 2012 Go ahead and accept service. 99% chance you are being sued for a delinquent credit card debt. Remember any? Link to comment Share on other sites More sharing options...
bmc100 Posted November 9, 2012 Report Share Posted November 9, 2012 this is the first letter like this I have ever heard of in Michigan. For one, if it is a process server, they might leave a note on the door, asking you to call them so they can see when you will be home. Two, if it is a bunch of BS, you have a good FDCPA case. Being served is not a meeting. They will have you sign for it and then leave...Three, if served in person you have 21 days to respond and that starts from the date you were served. This notice seems to be misleading and if it was from a JDB, CA or attorney's office. I would get a hold of a consumer law attorney and see if this letter violates the FDCPA. There is false information in it. Link to comment Share on other sites More sharing options...
1stStep Posted November 9, 2012 Report Share Posted November 9, 2012 IS there an open court case against you? Check and see. If not, I am with bmc100... you've got a beautiful FDCPA violation. Find out who sent it (just google the phone #) and then I highly encourage you to show it to a federal judge. Link to comment Share on other sites More sharing options...
Savoir Posted November 9, 2012 Report Share Posted November 9, 2012 ...... except the process server just taped her business card (clearly identifying her as a process server) to my door. I ignored it. A few days later she finally served me when I was at home. It didn't cost me any more money at all. Link to comment Share on other sites More sharing options...
antiquedave Posted November 9, 2012 Report Share Posted November 9, 2012 google her name, business name if there is one and the phone number to get an idea of who you might be dealing with, process servers are not debt collectors per FDCPA If she is a legit process server that is one thing, if she is a scab working for a JDB and they are trying to scare you and have not filed against you that is another If she has a summons you can find out by checking with your court to see if a complaint has been filed and then you know something, right now you don't know anything for sure.get your dunning letters together and a copy of this and whatever you find out from the court and submit it to a consumer attorney, then you know 100% where you stand. Link to comment Share on other sites More sharing options...
absentee Posted November 9, 2012 Author Report Share Posted November 9, 2012 Good morning, I took the advice and first checked my name online on my county website and my name did not pop up when i searched. So i called the county clerk office and provided my full name and then the lady said no complaints under my name was filed. Now, what steps do I need to make? I googled the phone number 586-291-2492 and the name she left was Dawn. Again, thank you for the help. I would've blindly called if not for all of you. Link to comment Share on other sites More sharing options...
absentee Posted November 9, 2012 Author Report Share Posted November 9, 2012 Ok so I called the wrong county clerk. I called the district clerk I live in and I am being sued by Asset Acceptance in the amount of $2850. I will contact her and set up a time to meet. I'll also start reading up on asset acceptance. If I have questions, I will refer back to this thread. Thank you. Now I need to tackle this. I wish someone had told me when I was young to never let your bf talk you into opening up a line of credit. Young and naive with a blind eye will only get you in a mess. No excuses now. Thanks again. Link to comment Share on other sites More sharing options...
bmc100 Posted November 9, 2012 Report Share Posted November 9, 2012 First, did you receive any written or phone contact from AA?If so, what did they do?Have you had any contact with AA?Chances are AA has breached the FDCPA...they always do. With that small of an amount, a good counter-claim will make them go away. Link to comment Share on other sites More sharing options...
absentee Posted November 9, 2012 Author Report Share Posted November 9, 2012 No, nothing that is why I was caught off guard. No letter, no calls. I called her but she never answered so I don't really know what to do. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 9, 2012 Report Share Posted November 9, 2012 Was it Dawn Rhoden? She is the only licensed process server I see in the directory. Link to comment Share on other sites More sharing options...
absentee Posted November 10, 2012 Author Report Share Posted November 10, 2012 Not sure on the last name but I'm guessing that's her. I am waiting to either be served or get a taped up document on my door. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 10, 2012 Report Share Posted November 10, 2012 When you get the complaint, tell us who the original creditor was, and the last time you made a payment on the account. These are very important facts we need. Asset is known for suing on time barred debts, beyond the statute of limitations. Link to comment Share on other sites More sharing options...
absentee Posted November 10, 2012 Author Report Share Posted November 10, 2012 Will do. I will post as soon as I have more info. I really do appreciate it. Thank you. Link to comment Share on other sites More sharing options...
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