Am I Being Served??
Have you gotten one of these calls.. "MY NAME IS JOE BLOW AND IM A PROCESS SERVER.. YOU NEED TO BE HOME BETWEEN 3-5 TODAY SO I CAN SERVE YOU .. YOU BETTER HAVE 2 FORMS OF ID AND A WITNESS.. IF YOURE NOT THERE I WILL ARREST YOU" ? If so you maybe a victim of an attempted scam. Have you ever gotten a call from a blocked number and on the other end is someone claiming to be a process server that threatening and scares you? Then chances are you have been the attempted victim of a scam or unethical debt collection practices.. Process Servers in Knoxville, Tennessee are Sworn Officers of the Court who are subject to a standard of ethics.. As a Process Server we are there for one thing... That is to Command you to Court and let you know of a suit or legal action being taken against you.. We are not there to embarrass you or take you to jail but simply give you your Warrant or restraining order or any other number of legal documents and go.. We never call to let you know we are coming .. ALTHOUGH I will leave a business card WITH MY NUMBER if I have missed you so that you can call and arrange service at a time thats convenient and not embarrasing. LEGITIMATE PROCESS SERVERS ACT WITH PROFESSIONALISM, COURTESY, and EVEN KINDNESS by explaining the document , what it means and how it can be handled.. It should never be a scary or threatening experience. In the collection of a debt, the Process Server is bound by the Federal Fair Credit Act to not disclose your details especially over the phone ( ANOTHER REASON A REAL PROCESS SERVER WILL NEVER CALL CLAIMING YOU OWE A DEBT.. IT'S ILLEGAL TO DO SO) But if you get one of these threatening calls FROM A FAKE HERE IS WHAT YOU SHOULD DO : 1) DO NOT GIVE THEM ANY PERSONAL INFORMATION ESPECIALLY IF CALLING YOU FROM A BLOCKED NUMBER .. They may try to coerce information by saying they can't GIVE YOU INFO without confirming your identity... But if it's a legit debt they absolutely should have all that information. 2) ASK FOR THEIR INFORMATION .. ANY LEGITIMATE SERVER IS GOING TO GIVE THAT TO YOU .. THEY MAY NOT TELL YOU ITS A DEBT OR WHAT THE MATTER PERTAINS TO but they will give you their contact info and affiliation.. 3) Most of these calls will give you a number to call.. Basically in this situation it may or may not be a legitimate debt HOWEVER EVEN IF IT IS LEGITIMATE THIS IS NOT AN ETHICAL MEANS OF DEBT COLLECTION.. AND IF IT IS A LEGITIMATE DEBT COLLECTION BY THREAT OR COERCION IS AGAINST THE LAW.. YOU CAN ALWAYS TAKE THE NUMBER AND TRY TO BACK TRACE IT TO SEE IF ITS FOR REAL .. IF IT IS LEGIT.. then at that point you can chose to take care of it OR Seek the advice of council about the company's collection methods as you may be eligible for compensation due to those methods.. 4) RECORD .. RECORD .. RECORD.. the most important thing in any case is a record an event occured.. If on your cell phone and you see a private or blocked call .. Let the vm catch it.. If at home, the answering machine.. Any recordings left should adequately make your case.. ( when one speaks on voice mail or answering machine .. it is generally but not always implied they know they're being recorded.. but be sure to check your local laws about recording phone calls) Finally If you're being legitimately served the best thing to do is accept service and take care of the matter.. And remember.. We are only the messenger.. We know it's no fun to be served and will treat you with the same respect and dignity with which you treat us. At the end of the day we want to go home safely to our families just like you.
Chris Wilkinson is the Owner and Court Approved Process Server at Smoky Mountain Process and Legal in Knoxville, Tennessee.
The blogs on www.besttnserver.com are meant to be informative and a guide and in no way are meant as legal advice. If you have a question regarding Process Service or need to hire a Professional Process Server, you can reach Smoky Mountain Process at 865-347-7967.