I got a telephone call from a process server stating that I have a criminal charges of fraud and intent to commit fraud filed in my county and he needs to serve me.
He told me before he could serve me or open the summons I needed to be aware of the charges against me and to call (888) 650-787 with a case number.
I called the number and they asked me a few questions they told me my ssn and that this was a moneymart debt, from 2003 they sounded all professional.
So what is the law, is this legal.
4 Answers from Attorneys
Totally illegal. Process servers aren't involved in criminal cases unless they're serving subpoena's on you for a trial. If you had criminal charges, you would either get a notice to appear in the mail or you would be arrested by law enforcement.
Also technically a civil question. Repost in the Civil category if you need more info. But yes, definitely some type of hokey scan. Ignore with impunity. (You can happily ignore these people) Good luck!
Criminal charges are not 'served' by process servers. They serve people with civil case Summons. You've been sued. You can either try to run and hide for a while, or deal with it properly. Tell him to bring you the papers, then defend the case. Hiding will simply get you a default judgment against you.
In addition to my colleagues comments it is probably well beyond the statute of limitations and can be ignored for that reason.
It is against Federal and State law to falsely assert that you have criminal charges pending in order to collect a debt. You can report them to the Federal Trade Commission and the California Attorney General. Contact information for both can be found on line.
Related Questions & Answers
What can i do for sexual remarks gesters made towards me everytime i go to the local... Asked 10/11/12, 12:43 pm in United States California Criminal Law
I had an R.O served on me that was fraudently obtained. It was written by my niece... Asked 10/11/12, 10:39 am in United States California Criminal Law
My brother was charged in Virginia 15 years ago as a sex offender, moved to... Asked 10/11/12, 8:56 am in United States California Criminal Law
My brother moved to California where he went to register as a sex offender, the... Asked 10/11/12, 6:50 am in United States California Criminal Law
What can i do if a nieghbor is making false claims tHAT I SELL DRUGS TO LAPD AND... Asked 10/10/12, 11:49 pm in United States California Criminal Law