3 Myths of Service of Process in Debt Collection Lawsuits

TL;DR

Debt collection lawsuits are common and it is important to understand the process and respond to the complaint and summons within the specified time frame.

Transcript

hey everybody this is John Skiba from the Arizona Consumer Law Group I'm also the founder of the consumer warrior project which is really focused on helping people who are dealing with serious debt problems get information and resources you can learn more about that over illegal . coach on today's video I wanted to talk about debt collection lawsui... Read More

Key Insights

• 📁 Over 500,000 debt collection lawsuits are filed nationwide each year, with thousands being filed in Arizona monthly.
• 🤘 Signing for the complaint and summons is not required for service to be considered legitimate in Arizona.
• 🛟 Serving someone else in the household where the debtor resides counts as being served.
• 🙈 Ignoring or avoiding the process server will not make the lawsuit go away; alternative service orders may be obtained.
• ❓ It is crucial to respond to the complaint and summons within the specified timeframe to avoid a default judgment.
• 🆘 Legalcoach.com offers resources and online courses to help individuals navigate debt collection lawsuits.
• 🐕‍🦺 Accepting service and seeking professional guidance can help develop a strategy to handle debt problems.

Questions & Answers

Q: Do I have to sign for the complaint and summons to be considered served?

No, in Arizona, signing for the complaint and summons is not required. The process server will file a certificate of service with the court to indicate when they served you. You must respond to the complaint within the specified timeframe.

Q: Can someone else in my household be served on my behalf?

Yes, as long as they serve someone who resides in your home, such as a spouse or teenage child, the clock starts ticking for you to respond to the complaint and summons.

Q: Will ignoring or avoiding the process server make the lawsuit go away?

No, if you ignore or avoid the process server, they may obtain an alternative service order from the court. This allows them to serve you through other means, such as mailing a copy and posting to your door. It is important to accept service and address the lawsuit head-on.

Q: How can I learn more about the debt collection process and obtain resources?

You can visit legalcoach.com for tools, resources, flowcharts, pleadings, templates, and online courses related to the debt collection process. You can also schedule a free consultation with an attorney through consumerwarrior.com.

Summary & Key Takeaways

• Over 500,000 debt collection lawsuits are filed nationwide each year, with thousands being filed in Arizona every month.

• Three common myths related to debt collection lawsuits are debunked: 1) Signing for the complaint and summons is not required for service to be legitimate, 2) Serving someone else in your household counts as being served, and 3) Ignoring or avoiding the process server will not make the lawsuit go away.