What to do if a process server taped his bisiness card to a road side post 500 feet from my home?

On the back it says I have some court documents for you, call me. It was brought to me by a neighbor who found it. I don’t know how long it was there or how many others may have seen it before it was brought to me. Is this an invasion of privacy or negligence? It involved a debt claim in court so may fall under FDCPA?

Asked on July 18, 2012 under Bankruptcy Law, Hawaii

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is not proper service of process and unless it has your name on it, I am unsure how it could be yours. It is not an invasion of privacy if indeed there is a court record of this suit filed with the court. Further, it may not be a violation of the Fair Debt Collection Practices Act.  There needs to be more facts here and if it is the direct creditor, the FDCPA will not apply per se.


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