Can you serve someone with a collection lawsuit at their workplace?
If you are served with a collection lawsuit, it can be a humiliating experience, especially if there are other people around. Fortunately, there are laws in place to protect consumers from this type of situation. However, even though debt collectors are not allowed to discuss the details of your suit publicly, you may still be served with a collections lawsuit at work.
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Yes, You Can Be Served with a Collection Lawsuit at Work
If you’re avoiding being served with court papers for a collection lawsuit, don’t worry, they’ll eventually catch up to you at work. Most likely, they’ll try to serve you at your home first, but if that doesn’t work out, they’ll come to your place of employment for your collection lawsuit.
The Fair Debt Collection Practices Act Protects You
The Fair Debt Collection Practices Act is a set of laws designed to protect consumers from being mistreated by debt collection agencies. These agencies are not allowed to use any unfair, abusive, or deceptive practices when trying to collect a debt from someone. Additionally, the FDCPA prohibits other activities, such as:
- Continued attempts to collect a debt that is not owed
- Illegal or unethical communication tactics
- Failure to announce as a debt collector
- Threatening violence or other illegal action on the debt
- False statements or lying of any kind
- Improper contact
- Sharing information regarding the debt with anyone other than your spouse (or parent if under the age of 18)
- Excessive phone calls
If a debt collector breaks the law, you may be able to take legal action against them.
Act Fast When You’re Served with a Collections Lawsuit at Work
If you are served with papers at work, it can be a very embarrassing experience. However, there is a silver lining: as long as the debt collector follows the rules set out in the Fair Debt Collection Practices Act (FDCPA), no one will know why they served you for a collection lawsuit.
Respond to the Debt Collector
If you have been served with a summons and complaint, you will typically have 20-30 days to file a written response. Depending on the state and court rules, you may also be required to pay a filing fee. If you are unable to pay the fee, you can usually request a fee waiver from the court.
Avoid a Default Judgment
If you fail to respond or meet the filing deadline, the creditor can ask the court for a default judgment. This is not something you want because the court may then grant the creditor the amount they asked for. Essentially, you would have lost your case. It is better to respond with hopes of settling instead.
Start Working on Your Response
The most important thing to remember is that you can be served at work. This may not be ideal, but it is important to keep this in mind and work on your response. You may also want to explore other options, such as a counterclaim if they violate the FDCPA, or challenging the statute of limitations. Whatever you do, do not accept responsibility.
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