Can I really be served for an old payday loan that went to collections?

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Can I really be served for an old payday loan that went to collections?

A company called my job and the lady said that she was a locator letting me know that I was being served for a payday loan that went to collection. I am willing to make payment arrangements but the company refuses to send any letters to my home. They keep insisting that they e-mail me and use the phone. I want to handle this, but I am a little leary that this may be a scam. They gave me until today to handle this, what do I do?

Asked on July 12, 2011 under Bankruptcy Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The telephone call you received is NOT valid service of process.  The summons and complaint (the complaint is the lawsuit attached to the summons) have to be personally served (delivered).  Until you are properly served, you have not received notice of any lawsuit and there is no need to respond.  If you are properly served with the summons and complaint, you will need to file an answer to the complaint within the time period specified in the summons.  If you don't timely file the answer with the court and mail a copy to the plaintiff, you will lose by default.  The plaintiff will get a default judgment against you.  If that happens, you will need to file a motion to set aside the default. 


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