Can I be served a verbal notification about a summons and can it be resolved over the phone

Bankruptcy 7 views 4 answers
I received a phone call from an investigator stating he had documents for a sumons with my name on them that I did not have to come down to his office it could be resolved over the phone for a fee

Attorney Answers

4
Matthew Berkus ·
That sounds somewhat odd. Service of process cannot be handled over the phone. It sounds more like a technique to get you to pay the debt. Or, it may just be an outright scam.
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Jenny C ParksBankruptcy AttorneyCrandall, TX ·
DO NOT "resolve" these types of matters over the phone. This is likely a scam. You should never pay to have documents served on you by someone else. This sounds very fishy to me. Be weary.
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Andrew M EllisBankruptcy AttorneyPhoenix, AZ ·
In AZ, you must be served with a summons and complaint. The person who called you is probably a collector with a collection agency. If you want to negotiate a settlement, then you can do so over the phone, but don't send any money until you have the agreement in writing.
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Vince RabagoLitigation LawyerTucson, AZ ·
I agree with my colleagues. You cannot resolve a summons over the phone. Please understand that a summons is a court order obtaining jurisdiction over you for a lawsuit that has been filed and informing you of your right to respond with a written answer to formally appear and defend yourself (in AZ, twenty days), and that if you do not respond you will lose the case. The issue of settling the case is different, and even that should not be done verbally, but in writing. I would check the Pinal County court records to see if a lawsuit has been filed against you. Also know that sometime debt collectors or their process servers will fraudulently claim they served you ("junk service"), and the clock starts ticking in the case. Once, one of my clients had a case where the process server claimed that he could hear my client making noises behind the door and hiding in order to ask the court to be able to merely post the notice of the lawsuit instead of personally serving the summons and lawsuit, when in actuality my client was out of state and could prove it with travel records and photos and he lived alone. In short, do not trust whomever is calling you, and seek out the advice and representation of a competent consumer protection lawyer, sooner rather than later. Good luck. Vince Rabago www.VinceRabagoLaw.com The above information does not constitute legal advice or representation and is provided for informational purposes only.
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