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  1. #1
    Join Date
    Aug 2019
    Location
    Minnesota
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    8

    Default Valid Process Server or a Scam

    My question involves court procedures for the state of: Minnesota
    Good Day! I received 2 calls last week from a “private” number, and the caller left 2 similar voice mail messages.
    (I might add that my voicemail message is the default mechanical message that comes with the service, not my voice, and nothing on this default message indicates my name or that I am the owner of the voicemail.)

    The caller identified himself as Clifford something or another and said he will be serving me with paperwork for “notification of court documents”. He said he will try to meet me at my place of employment and home all day on Monday 12 August, and I need to be at one or the other places to “sign off” on the documents, and that I “need to present him with a valid photo ID”. He gave me an 877 number to call and confirm I will be home on Monday and gave me a claim number.

    I am quite certain a valid process server doesn’t make appointments with the one to be served, doesn’t alert them to the pending “summons”. He didn't use the term summons or subpoena. I checked both my residential county & neighbor county, , and I am not listed as having any pending court appearances. As well, I have never heard of having to present a process server with a photo ID. So, I assume a petition hasn’t been filed yet? What do you think?
    I do not work Monday the 12th, and regardless of whether I am home or not, my door will not be answered. I think this is a scam. Doesn’t a claim need to be filed in the court before a summons is issued? Thank you.

  2. #2
    Join Date
    Oct 2014
    Posts
    7,427

    Default Re: Valid Process Server or a Scam

    Quote Quoting mrtenebrae
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    My question involves court procedures for the state of: Minnesota
    What do you think?
    Some process servers will try to reach you by phone to arrange service because if they are successful it makes their job a lot easier. While a complaint must be filed in court before the summons and copy of complaint are served on you, you likely won't find it contacting your local courts looking for whether you have "pending appearances" because until you are successfully served there won't be any court hearings scheduled for your appearance. You want to look to see if any complaints were filed with the court, but if there is a lag between when the complaint is filed and when it shows up on the court's computer it may not show up yet. Also, it is possible that the court in which the case is filed is not in one of the two counties you looked at. But in any event you have no obligation to call the server nor any obligation to make the server's life easier. Be aware of this, though. If the server attempts to serve you at home and you don't answer the plaintiff may end up getting approval for alternate service, which may be by publication, and you might never find out about it until some judgment is entered against you by default for not showing up. So you might indeed want to answer the door and if it is a real summons then you'll at least be informed of the lawsuit and can properly respond to it. You don't have to show the guy any ID, though, and I wouldn't.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,214

    Default Re: Valid Process Server or a Scam

    Quote Quoting mrtenebrae
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    I think this is a scam.
    Well, you'd know if you defaulted on a debt, wouldn't you?

    If you did, it might not be a scam, might just be a collection agency trying to scare you into paying.

  4. #4
    Join Date
    Oct 2016
    Posts
    3,293

    Default Re: Valid Process Server or a Scam

    And it might not have anything to do with debt at all.

  5. #5
    Join Date
    Aug 2019
    Location
    Minnesota
    Posts
    8

    Default Re: Valid Process Server or a Scam

    If it is a collection agency, and it is possible, this is just a scare tactic maybe?
    Also, if I am not home and there is indeed a processor at my door, can't he just leave documents under door?
    Why would he say he needs to see my photo ID?

  6. #6
    Join Date
    Oct 2014
    Posts
    7,427

    Default Re: Valid Process Server or a Scam

    Quote Quoting mrtenebrae
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    If it is a collection agency, and it is possible, this is just a scare tactic maybe?
    Maybe. But if it is, the collector may be violating the federal Fair Debt Collection Practices Act (FDCPA). A collector cannot claim that a suit has been filed when it hasn't.

    Quote Quoting mrtenebrae
    View Post
    Also, if I am not home and there is indeed a processor at my door, can't he just leave documents under door?
    That depends on the rules for service for the type of court the lawsuit was filed in. But in many jurisdictions that would not be good service. Under the typical rules many jurisdictions use for regular court (small claims court can be different) the process server needs to deliver it to you in person or, to your designated agent, or perhaps deliver it personally to some other adult at your home.

  7. #7
    Join Date
    Mar 2013
    Posts
    17,214

    Default Re: Valid Process Server or a Scam

    Quote Quoting mrtenebrae
    View Post
    If it is a collection agency, and it is possible, this is just a scare tactic maybe?
    Your guess is as good as mine.

    Quote Quoting mrtenebrae
    View Post
    Also, if I am not home and there is indeed a processor at my door, can't he just leave documents under door?
    No. Minnesota process service Rule 4.03 requires that service be made:

    Upon an individual by delivering a copy to the individual personally or by leaving a copy at the individual's usual place of abode with some person of suitable age and discretion then residing therein.
    Quote Quoting mrtenebrae
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    Why would he say he needs to see my photo ID?
    Process servers are required to file an affidavit of service with the court stating who the papers where handed to. It usually suffices to describe the individual and if there is any conversation, relate that the recipient identified himself.

  8. #8
    Join Date
    Aug 2019
    Location
    Minnesota
    Posts
    8

    Default Re: Valid Process Server or a Scam

    I did Internet search on the 877 number he gave me and not much shows up. The few items that did show up indicate this number is more than likely a scam.
    Oh well, let's see if he visits me tomorrow!

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