Jump to content



Debt laws/process servers

  • Please log in to reply
2 replies to this topic

#1 DV77


    New Member

  • Members
  • Pip
  • 54 posts
  • Literary Status:unagented
  • LocationEurope

Posted 10 March 2017 - 12:55 PM

Hi Guys. I was trying to see if anyone knew about this subject to do with outstanding debts and process servers.


Essentially, I have a protagonist who's father is in major debt. He's taken out a second mortgage on his home as well as the junkyard he owns to raise some instant cash a long time ago. If he wasn't able to repay those debts for a long time, would a debt collector ever be able to take him to court? Also, if that was possible, would they need a process server to deliver the summons?


I'm asking because I need a reason for a debt collector to show up at her family's junkyard and wondered whether there was any legal scenario where this would realistically happen.


Thanks a lot for your help.

#2 AllanLacoursiere


    New Member

  • Members
  • Pip
  • 9 posts
  • Literary Status:published, self-published
  • LocationCanada
  • Publishing Experience:I have sixteen novels published through Creatspace,various articles, poetry, and two novels that were published in the past by small presses

Posted 13 March 2017 - 07:47 AM

When you are sued for debts, private or otherwise, someone always serves the papers.  It usually isn't a summons in this case, but the actual lawsuit papers.  You understand what I mean.  A copy of the motion, the affidavits, etc.  If it's a bank, they would always use a service, like a process server.

#3 giffordmac


    Veteran Member

  • Members
  • PipPipPipPipPip
  • 381 posts
  • Literary Status:just starting, unagented
  • LocationUS Northeast

Posted 13 March 2017 - 08:40 PM

Here's some info for the US.



“We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.” ― Elie Wiesel







0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users