Legal Question in Credit and Debt Law in California

Can you be served/sued over the phone/voice mail/message relayed to you from a relative?

I got a message on my machine saying that i was being sued for an unpaid debt. I dont know which debt because i have a few creditors im currently in debt to. They just left a name and number and said that i was being sued and that they had already sent something over the mail to inform me (which i actually have not gotten). I've gotten previous messages from creditors and supposed law offices that go something along the lines of "some paperwork has reached our office. Please contact our office immediately to resolve this" but i've never actually been told that i am being sued.

They then called again and spoke to one of my family members and told them the same thing. That im going to get sued and left a name and number.

So i guess i actually have 3 related questions.

1. Can they sue me over the phone or mail?

2. Can they talk to anybody other than me about my debt/being sued?

3. How serious should i take these threats, when they have not spoken to me?


Asked on 10/22/10, 2:22 pm

2 Answers from Attorneys

Michael Isaac Shokrian Law Offices of Michael Isaac Shokrian, APLC

All threats should be taken seriously. But California law is specific about manner of service of process. Must be IN PERSON, or via Substitute Service if reasonable efforts have been made to make personal service, or via publication if all other types fail. There is no law allowing for "service by phone." Under specific circumstances service by "mail" is allowed if they get court order and confirm they have made attempts at personal service and have failed.

Read more
Answered on 10/27/10, 2:31 pm
Asaph Abrams Law Office of Asaph Abrams

Collection communications may be replete with mistruths. Collectors intimidate and bully. A summons must be served in order to prosecute a lawsuit. However, telephone harassment is a precursor to such lawsuits. In our bankruptcy practice, we often find persons delay in dealing with debt and it catches up with them in the form of garnishments and attachments. Imagine your employer receiving a garnishment order from the sheriff and suddently a quarter of your paycheck will be gone: poof! Therefore, we advise that you seek counsel to explore debt relief under federal bankruptcy law.

Disclaimer: the above as well as any information found on our Web site is not legal advice and should not be relied upon. It does not create an attorney-client relationship. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. This is strictly my opinion provided for general informational purposes and it pertains to California law. We do not review and are not responsible for the content of other attorneys� answers even when they answer the same questions. We recommend you seek legal and other professional counsel before acting or refraining from action in relation to bankruptcy. It's worth the cost.

Read more
Answered on 10/27/10, 2:31 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California