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  1. #5
    Join Date
    Mar 2013
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    18,340

    Default Re: Is it Harassement to Serve You in Person if You Were Already Served by Mail

    Quote Quoting LexisLutor
    View Post
    I should have cited 15 USC 1692 and in particular 1692d (harassment and abuse), but that doesn't change the conclusion.
    Right.

    That section applies to a debt collector's behavior prior to filing a lawsuit.

    During a lawsuit the doctrine of "abuse of process" could apply.

    However, according to the Colorado Court of Appeals:

    to prevail on an abuse of process claim, a plaintiff
    must prove the defendant (1) had an ulterior purpose in using a
    judicial proceeding; (2) used the proceeding in an improper manner
    by taking a willful action that was improper in the proceeding’s
    regular course; and (3) caused damage.
    The court goes on to explain all those elements starting on Page 7:

    https://www.courts.state.co.us/Court...0/08CA1867.pdf

    In the OP's case neither (1) or (2) appear to apply and with regard to (3) the court said:

    mere vexation or frustration without demonstrable
    damage is insufficient to sustain liability.
    Looks like OP is just stuck with getting served twice.

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