877-597-4528
Jim
Jim
2013-02-12 16:17:18
Debt Collector
I have received calls from them a couple of times, all with the same tactic. In either cases, they call with either a docket number or a case number and instruct you to call them (in my most recent one, the 877-597-4528 number) to cancel the service. For those who are unfamiliar with the "process serving" process, let me assure you that these types of calls are completely illegitimate.

First, these types of scare tactics play on the fact that many people do not know what the role of process servers are and tend to either fear or run from them. The reality is that process servers are a very vital role to the legal process and are for your benefit. The reason is because legitimate process serving provides you with ample notice that a suit has... and here is the key word.. ALREADY... been filed against you. Thus, the job of a process server once a suit has been filed is to notify you as quickly as possible so that you have plenty of time to seek legal council and properly defend yourself. Because process servers are part of the legal process, they are required (by law) to be party neutral. No process server would be calling you telling that you should call some number to cancel the service as this would indicate that they have an interest in a particular party.

Second, generally, legitimate process servers do not give advanced notice that they are coming with limited exception. In most states, process servers are required to be licensed or certified and in some states, many of them are peace officers (constables, deputies, or city police in some cases). Because most people are unfamiliar with the legal process and how process serving works (they believe that by avoiding the server, the suit goes away), they can sometimes be hostile to the server. Thus, many process servers avoid contact before hand. The only exception that usually will cause a process server to call ahead is if the person is hard to reach (for example, works odd hours or travels a lot). In cases like that, they may, but not always, call ahead as a courtesy. But, the call ahead is usually to schedule with you. They almost never provide you with a schedule because the duty of the server is to meet you when you are available, not when it is the most convenient for them.

Third, no legitimate server is going to give you notices that you will be served unless you call any number to cancel. This is illegal (it's also illegal from a debt collection practice as well). As a process server, you duty is to serve the legal documents, which have already been filed in the courts (that hint word there is "already"), as quickly as possible. Calling you with a number to call isn't going to cancel the lawsuit for it has already been filed. Further, waiting before I serve you papers is a violation of your rights as you can claim that you did not receive prompt notice to be able to properly seek council (which is a criminal offense against the server). From a debt collection practice, this is also illegal because it is considered to be making a threat (pay me money or I'll do XYZ... it doesn't matter what XYZ is, you can't tell someone that).

Here is a good way for you to tell if your caller is a legitimate process server and you are legitimately being sued. If anyone calls you claiming to be a process server, all you have to do is visit your local county or parish court website and, under civil records, search to see if you are listed as a party in any legal proceedings. If your county or parish does not have an online search, call the county or parish clerk and ask them. That key word that I have been saying ("already") applies here because in order to be served legal papers, one must first file the suit. If you call (or check their website) and find out that you are not named in any legal proceedings, then the process server calling you is fake. If that person calling you is using a blocked number, signup for Trapcall (I'm not affiliated with them) as their service will allow for you to unmask those blocked calls (their service isn't free, but if you are getting those types of calls and your phone company does not give you the ability to block those types of calls, this gives you the ability to find out who they are so that you can file against them for harassment).

As a note, these types of companies tend to be Payday loan related. However, one thing that I have found is that you do not actually have to take a Payday loan for you to get these types of calls. All you have to do is have applied for one. Over the last few years, many payday loan lenders (mostly the ones that offer loans online) have had system breaches and have lost user information. In addition, many of those sites that claim that they will match you with lenders actually store and send your information to hundreds of companies, many of them illegitimate. With sites like that, you will get "approved" for loans from many different companies and, though you may never actually take the money, many of them will mark it as a loan that paid out (this happened to a friend of mine who, several years ago, used one of those matching sites, decided that he didn't want the loan due to the terms, and never took the money. A few years later, he received calls from people saying that he had owed money and that he took out a Payday loan. In reality, he never did and the information that they had on him, aside from his SSN, was from where he had lived at the time along with the bank he was using at the time). If you have never taken a loan and get these type of calls, that may be what happened. If you have taken a loan and paid it, it's a good chance that it was never marked paid or your information was stolen from their databases.

Finally, one last thing, if you have taken out a loan in the past and are getting calls like these about them, I would check with your state to find out what your state's statute of limitations is. It is usually somewhere between 4-7 years from the time of default, which is most states, would be 180 days from the time the last payment was received. Whether you paid off the loan or not, the starting date is the date of the last payment and, in most states, 180 days later is considered the default date. If the default date is beyond the statute of limitations, then there is no way that you can be successfully sued. Now, this doesn't mean that they cannot legitimately file a lawsuit. What it does mean though is that if they legitimately file a lawsuit, you can simply contact the court and file a response stating that the suit is invalid due to statutes of limitations. Note that the statute of limitations is the state upon which you accepted the loan, not your current state that you live in now. So, if for example, the state you lived in at the time had a 4 year statute and the state you currently live in is 7, the 4 year applies as that was the state upon which the contract was agreed upon.
Barb
Barb
2013-02-06 16:06:51
Debt Collector
My husband and I both got a call for me from a Michael S left a message saying I would be served at home then my place of work.  When I called the number back its a collection company saying I took out a pay day loan back in 2008 and had all my information I didnt ahve to tell them anything.  Said i dont remember taking this out and will wait on the paper work to be served to see what this is all about.
vanessa
vanessa
2013-01-29 16:06:20
Unknown
"joshua palmer" has been calling and harassing ...leaving threatening voicemails that he is coming my house and job and this is my FINAL warning! LMAO! This is definitely a scam because any legitimate company knows that these type of threats are against the law.  Reported them to the FTC....you should all do the same....
Mr. Rogers
Mr. Rogers
2013-01-28 18:35:50
Unknown
LOL Apparently this Joshua guy is going to be very busy as he is coming over to my place too
Tammy
Tammy
2013-01-28 16:44:17
Unknown
Total scam!!!!! I told " Joshau" to come on over and serve me "fake " legal documents I have a couple Dobermans that want to meet him.
brian
brian
2013-01-16 23:50:18
Unknown
this company called me said they were a carrier to call 1-877-597-4528 they said i have a case# that i borrowed in 2007 from loan point and gave me a dollar amount is this real
Re
Re
2013-01-16 19:49:21
Unknown
I two calls from them giving me a reference number to call them back. They left a message indicating that they going to serve me with paper at home or at work. Sounds like scam. Now I am changing my number because they keep calling me
Saseblon
Saseblon
2012-12-21 17:08:48
Unknown
Received a voicemail that I needed to call the 877 number with a certain file #.  I did and the guy could not give me info said the file was "locked" because it was out for delivery to serve me at my work and residence.  I get calls from this number every 3 months or so with a new name, new number, same ole bullying tactics and yet can never give me info.  SCAM!!!!!
Sandy
Sandy
2012-12-17 21:41:30
Unknown
I received a call from someone name Marco S. They said that they are going to serve me with papers at my home or my place of business. These people claim they have my ssn#. Please do not call them back at all. They are just trying to look for a victim. They will say anything to scare you so that you will give them money. I was scammed in the past but never again. Please contact the Federal Trade Commission for further information. It is very sad that people will commit fraud just to get money out of you. If you owe on a loan always contact the original creditor to find out the name of the collection agent they use.
Crystal
Crystal
2012-11-30 17:55:31
Unknown
Message says they are "serving" me at work and home certified documents.  Sounds bogus, no company information.  Scare tactics are very unprofessional
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