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Debt laws/process servers


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#1 DV77

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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

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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

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Posted 13 March 2017 - 08:40 PM

Here's some info for the US.

 

https://portal.hud.g...eclosureprocess


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

 

~~~

 

 

 

 





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