Service of Creditor Lawsuit Paperwork

Creditor lawsuits can be a catalyst for considering bankruptcy. Many of our clients fear potential wage garnishments, bank levies, and property liens that result from a creditor lawsuit and judgment. Some of our clients seem to be caught by surprise when they receive a notice of wage garnishment or bank levy as they don’t recall ever being “served” lawsuit paperwork.

There are several ways a creditor can serve lawsuit paperwork.

1. In Person Service – A process server could appear at your residence and hand you lawsuit paperwork.
2. Substituted Service – This process can be used when a debtor is challenging to find or is not at the residence each time an attempt to serve paperwork is made. With this method, after multiple attempts to reach the debtor, they can deliver the paperwork to the residence and also mail a copy on the same day. This could include giving the lawsuit paperwork to any adult who answers the door even if they are not the defendant. Attempts to contact the individual need to be thoroughly documented.
3. Lastly, if it is impossible to locate a debtor, service by publication in a newspaper is permitted. However, it must be proven to the court that the individual cannot be properly located and served and all attempts to serve that individual must be documented.

For more information on how bankruptcy can stop the consequences of creditor lawsuits contact your Stockton Bankruptcy Attorney at 209-952-0355.