Possible visit by process server.

[treehugger1]

I think in Oregon, the dog only has to be over 14.

[SimBroke]

Sheesh, I feel for you, but without a warrant, I still would not answer the door, so they can serve my dog if they so choose.

I understand you're fear/thought pattern - but they do not require a warrant to serve you papers - it is part of the process that happens when you are sued.

It is not a criminal process.

Get the papers and respond appropriately - its not difficult to deny and use the process to your advantage - if for no other reason than to show them that you will not just roll over on it.

Process is -

Suit filed -
Summons served -
Respond (usually within 20-30 days)
Plaintiff will then do one of several things - nothing (it was a scare tactic, they only want defaults, not really willing to fight) - discovery - move for trial.

all of those things take time - the shortest path to losing is to do nothing - they then get a default that they can use to actually do things (garnish, leins, etc).

By responding, you buy yourself anywhere from 30/60 days to MONTHS that the collection is held up in court.

As soon as you file BK, the case stops alltogether.

Hiding from the process server does nothing but increase your stress level. Take the papers and respond.

[optimistic1]

Your'e right, but even the court themselves told me the process serving can sometimes take years, because people just dont answer their door. If I could do that, then I could file a Chapter 7 and be done with it.

I understand the process involved in being served with a lawsuit, it was the post that you said they come to your door with guns and badges, I refuse to answer the door for police, they act like nazi's.

[GoingDown]

No doubt, I am going to wikipedia Fuller Brush right after this post.

Well that is good to know it is illegal, but I dont want any added stress to my life, and I never answer the door to anyone I don't know just as a general rule, so too bad for them. I dont think it will get to the point where they will do all of those things, only because I know I am filing soon.

UPDATE!

I spoke to some neighbors down the street, it was a jehovah witness, yay for me!!!

llegal to not answer your door?

In the age of home invasions? Remember, I live in Phoenix, the home invasion and kidnapping capitol of the world. There is no way in hell I will ever answer the door to anyone I don't know. Even if they are a process server, and no, I have absolutely no fear of going to jail over this.

[optimistic1]

I dunno, thats what someone else posted, I dont fear going to jail either over avoiding service, so that makes two of us.

[Bell30656]

Prior to my bankruptcy I was served with three suits. The first was served November 2007, the second February 2008 and the final November 2008. At the time I filed (Dec 2008) none of the three had made it court.

It's a long way from service to judgment IF you answer all complaints.

[splinter]

Everyone's situation is different. In my case, not answering the door for strangers has paid off. I had a Ch7 in the mid 90s. After the 341, Providian was trying to serve me. They came 6 times! The first 2 times, they only tried to serve me at my place. Then they must have gone to court to request what's called a "substituted service" in California where they were trying to leave the summons with any of my neighbors. Lucky for me nobody was ever home! Providian wasn't able to serve me, so I got the full discharge.

Next, I defaulted on student loans at that same time. A few years after the BK, someone was trying to serve me. It must have been for the student loans, because everything else had been discharged. And a few years ago, before I got into financial trouble again with another business, they were trying to serve me again. They try to collect in spurts. Nothing for years, then a lot of collection activity, and then nothing again for years... But my not answering the door has saved me may times from being served.

But in this latest round, I lost to the crooked process server who left the summons on my front door. This isn't a proper service in CA, but they got me. If I showed up in court to dispute it, they'd just serve me. So now I have a judgment from Cap1. They sold my other account off to a crooked company that illegally re-aged the debt. I'm filing for Ch7 next year, so it's water under the bridge. Live and learn...

I'd say, if they can serve you at work, then you might as well answer the door and take the summons. But, if you're self employed or unemployed, then it might be better to not answer the door. Because, if they don't use a crooked process server, then they'd have to serve you in another way. Every time you require them to do more things, it's becomes less likely they'll follow through.

[Bell30656]

You probably are right on accurate, of course each state law is different on process servers. When the process server is a deputy sheriff or a county marshall it does make avoiding service a bit more difficult.

A neighbor of mine was avoiding service pretty well for about a month. Then one morning he was pulled over. While he sat on the side of the road a second patrol car pulled up and the process serving deputy laid the paperwork in his hands. The first deputy then gave him a warning for a burned out license plate light and both lawmen bid him adieu before riding off into the sunrise.

When I was served on the third lawsuit, I was at work in my office (in a totally different county) when an officer strode past the receptionist and my admin to enter my office and hand me the service. That was November, I filed in December. Enough was enough.