QUESTION
What constitutes harassment from a private process server?
Asked on Jan 25th, 2014 on Debtor and Creditor - Florida
More details to this question:
Someone defaulted on a debt, and the debt was sold off. The company who bought the debt is now taking legal action. They have had a private process server come looking for the person to serve, but have not served that person. They have made contact with someone who told them the person is not there. The process server also took it upon himself to enter the backyard of the home, and beat on the backdoor. Once he was told the person hasn't been seen, he left. 2 weeks later, he came back beating on the door, and ringing the bell. If has been told the person hasn't been seen, is him coming back repeatedly harassment?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
Well....it all depends. If the person is not trully a resident there or shows up there, then you might have a case or they might under the FDCPA or FCCPA amongst other common law concepts. However, it seems from the facts that that person DOES reside there and is avoiding process, and that would probably eliminate the harassment angle, since its hard to cry foul when you're causing the issue to escalate or avoing lawful process.
Answered on Feb 03rd, 2014 at 5:32 PM
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