Legal Question in Credit and Debt Law in California

Today I was contacted by someone who said they were calling from "Stanislaus County Process Servers" and wanted to give me some information about a lawsuit by HSBC. He told me a "File Number" and a "case number" and told me to call another number with my "case number" for more information.I asked him what will happen if I don't call the other number and he said that I would be issued a failure to appear by the court. So I called the number and the guy told me that they tried to serve me at xyz addres and I wasn't there. Well, I don't live there and haven't for 2 years. Then he said there is a case against me and that I need to be served a summons to appear and he wanted my address. I didn't give it to him. He said there was still time to get my case dismissed if I could pay $1300. I said I was on Social Security and have 3 children and haven't worked since 2008 and could no way pay $1300. Then he said the case would proceed against me. Then he asked me "Are you home now?" and I said "yes" and then he said he was going to send the deputy sheriff over to serve me but no one has showed up.

My first question is, can I have a failure to appear against me if I don't give them my address to serve me?

I googled the first number that called me: (209) 525-6586 and it's a fax number for Stanislaus County Assessor Department. My second question is, what if they can never find me to serve me? Will I get a judgment against me? Does this sound like collection tactics? Or should I be worried about being sued? Please help.


Asked on 4/26/11, 7:38 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

A reputable debt collector will not threaten you with arrest. This is an unfair debt collection practice and you would have the right to sue them. You do not have to give out your address or otherwise help them serve a summons. Let them find you and hand it to you. Look up the case number on the county court web site if this can be done in your county. If you were sued and they already obtained a judgment against you, or if you receive court papers from a process server, see an attorney in your locality.

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Answered on 4/26/11, 9:01 pm


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