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  1. #1

    Default In Order for a Debt Collector to Sue You, Do They Need to Use a Process Server

    My question involves collection proceedings in the State of: California

    Or can they just file a court petition? How does this work? The debt is under 3,000.00

    Thank you.

  2. #2
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    Default Re: In Order for a Debt Collector to Sue You, Do They Need to Use a Process Server

    When you sue someone you have to serve them.

  3. #3
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    Default Re: In Order for a Debt Collector to Sue You, Do They Need to Use a Process Server

    PG is correct. In some places in California you may be able to get a sheriff or marshall to serve the papers, but in general, it's up to you to find a process server. The only requirement for the process server is that they be at least 18 and not a party to the case in question. They could be a professional process server, or just some friend of yours that's not otherwise involved.

  4. #4
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    Default Re: In Order for a Debt Collector to Sue You, Do They Need to Use a Process Server

    Quote Quoting mademanifest
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    Or can they just file a court petition?
    Even if I read this question as a continuation of the question asked in the subject header of your post, it doesn't make a ton of sense. There's no such thing as a "petition" in a debt collection lawsuit in California. In order for a person/entity "to sue you," he/she/it begins the process by filing a complaint with the superior court (unless the case is filed in the small claims division, in which case the document is called "Plaintiff's Claim and Order to Go to Small Claims Court"). The plaintiff must then serve a copy of the complaint (along with a copy of a summons) or a copy of the Claim and Order on the defendant. Service can be made by using a registered process server or the county sheriff or any person at least 18 years of age (the only exception being that the plaintiff may not him/her/itself serve the document).

  5. #5
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    Default Re: In Order for a Debt Collector to Sue You, Do They Need to Use a Process Server

    Not just the plaintiff is barred, anybody who is a party to the action is as well. Of course, in the simple one-on-one case, that's just the plaintiff and the defendant.

  6. #6
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    Default Re: In Order for a Debt Collector to Sue You, Do They Need to Use a Process Server

    Quote Quoting flyingron
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    Not just the plaintiff is barred, anybody who is a party to the action is as well. Of course, in the simple one-on-one case, that's just the plaintiff and the defendant.
    There might be multiple plaintiffs and defendants, but in a case to collect a debt, what other party to the case do you think there might be other than plaintiffs and defendants?

  7. #7
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    Default Re: In Order for a Debt Collector to Sue You, Do They Need to Use a Process Server

    Quote Quoting Taxing Matters
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    There might be multiple plaintiffs and defendants, but in a case to collect a debt, what other party to the case do you think there might be other than plaintiffs and defendants?
    In theory, and while obviously unlikely, a plaintiff could enlist defendant A to serve the summons and complaint on defendant B. The law states that "[a] summons may be served by any person who is at least 18 years of age and not a party to the action."

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