Jump to content

Tried to serve Hubby at home now being told they must do it at his job


restlinrents
 Share

Recommended Posts

Husband is being served by Fisher and Burns attorneys, Portfolio recovery associates, capital one bank, HSBC not sure which one they are going by  since he hasn't been served yet.    We live in South Carolina, Statue of Limitations is 3 years made the last payment December of 2008 just to give a little background.

 

He called them back today, after I convinced him to read here, and told them to serve him gave him the home address and they said that they can only serve him at work and they are going to do it through his HR department just want to make sure he has a job.  Is this even legal?  Unfortunately I cannot find the answer to this on here.  Thanks in advance.

Link to comment
Share on other sites

Husband is being served by Fisher and Burns attorneys, Portfolio recovery associates, capital one bank, HSBC not sure which one they are going by  since he hasn't been served yet.    We live in South Carolina, Statue of Limitations is 3 years made the last payment December of 2008 just to give a little background.

 

He called them back today, after I convinced him to read here, and told them to serve him gave him the home address and they said that they can only serve him at work and they are going to do it through his HR department just want to make sure he has a job.  Is this even legal?  Unfortunately I cannot find the answer to this on here.  Thanks in advance.

 

it is legal even if odd.  Since they are outside the SOL by at least 3 years I would simply call a consumer attorney (use www.naca.net) to find one in your state.  They will take the case on contingency and file a counter claim for violating the FCDPA for suing way way outside the SOL.  The other law firm can simply serve his attorney.

  • Like 1
Link to comment
Share on other sites

@restlinrents

 

What was their first contact with you?  Did they call?  If so, I doubt that you're going to be sued.   First, a law firm would not call you to tell you that they're going to serve a summons and complaint.  Second, they flat out lied when they said they had to serve him at work.  I'll guarantee you that it was a scare tactic because they know people don't want a summons to show up at their place of employment.

 

Your court should have court filings online.  Look to see if a lawsuit has been filed.

 

The problem with trying to sue them is in locating them.   The only Fisher and Burns I could find is out of CA.  The person who called may or may not be with that firm.  If they call again, ask for their address because you want to give it to your attorney.

  • Like 2
Link to comment
Share on other sites

They called his phone did not leave any message then called me and left a message and then called 3 people in our family.  They claim they tried to serve him at our house but nobody was home at that time.   I guess we will see if they do it at his work.

 

I will look online and see if there is anything there 2 days ago there wasn't.

 

I looked them up too and all I could find was CA.  I will tell him that if they call him to ask for address so we can get It to our attorney.  Thanks.

Link to comment
Share on other sites

I now believe this is a scam too.  The verbiage that they have been to the home when they have not, they are going to show up at his job, and a non-existent law firm within your state = SCAM.  

 

Inform family, friends, and his employer that he has been targeted by scammers and not to give them information or more importantly MONEY.  If they do call back my response is to yell SCAMMER and blow a loud whistle or air horn into the phone.  They figure out really quickly to find another target.

  • Like 2
Link to comment
Share on other sites

Just got back from walking Waikiki Beach and have had more time to re-read this and I agree with BV. Just be careful how you proceed. Do warn everyone NOT to pay out any money as this can reset the SOL, and NO none of you can be arrested for anything. DO, get a NACA attorney involved just in case this is not a scam, or on the verge of being one. Over all, I think your okay.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 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.