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Monday, June 14, 2010

Are You Liable For Your Process Server Under FDCPA?

By Tomio Narita, Simmonds & Narita LLP

Consumers often assert FDCPA claims against collectors based upon alleged misstatements or misconduct by process servers while serving a state court summons and complaint. Thus, consumers may claim a process server was rude or abusive at the time of service, causing them to suffer emotional distress, or that a process server made false statements about the debt. These allegations are not sufficient to impose liability on the collector under the FDCPA.

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