Can a law firm representing a creditor still try to serve you papers once you have made payment arrangements with them to repaid your debt?

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Can a law firm representing a creditor still try to serve you papers once you have made payment arrangements with them to repaid your debt?

A process server keeps coming to my house (where my brother gets his mail sent) and they keep trying to serve him papers over some debt. He does not live at our residence yet but may be moving in. However, I told him before he moved in he had to take care of all this stuff with his debt collectors. He called all of them and make payment arrangements with them all and the process servers are still coming by. How can we have them stop coming to our house? Does my brother have any legal recourse since he is on a payment plan? Should he get all this stuff in writing? If so, how do we do this?

Asked on March 22, 2012 under Bankruptcy Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, a law firm representing a creditor and presumed plaintiff with respect to your question can continue to have you served with the presumed summons and complaint with respect to the matter against your brother even though he has a presumed written agreement resolving the dispute.

I suggest that he contact the judgment creditor and ask that the process server be called off with respect to his debt followed up by a confirming letter by him where he keeps a copy of it for future reference and need.

It is imperative that he have a signed installment agreement by the judgment creditor regarding the debt that you are writing about.


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