Re court summons for lawsuit due to debt.

My Question regards rules on ways collection agencies or their process servers are allowed to serve papers, and what constraints or fact-checking is required when pursuing their debtors.
I'm inquiring because i just had a distressing experience caused by an over-eager server handing me a summons meant for, and addressed to, SOMEONE ELSE. with a name sounding slightly similar to my daughter's, but not enough close enough to be mistaken by anyone whose is precise or literate.

To help set the scene of this morning’s misadventure: After a hectic and exhausting past few days of moving into a new apt, this was the first morning my daughter could catch up on lost sleep, and I was resting because besides chronic disability from a neuro-muscular disorder, am currently suffering from shin-splints & other symptoms caused or exacerbated by the move.

I was awakened by several doorbell rings in a row and brisk knocking. I gradually made it to the door, asking, " Who's there?, and heard "DELIVERY for... " for , what, with voice muffled by the door seemed to be saying our last name.
When I opened door, a tall, athletic young man asked my name, which I gave “Barbara D_____
When he asked where and/or who is Alice, I answered, "my daughter, she's sleeping". Then he handed me a sheaf or papers staples together and started jogging down the hall. I was taken aback by large letters demanding appearance in court due to being sued by MIdland;, and my vision has been blurred for past few days, so it took a few seconds before I saw this was addressed to someone named ALEXIS S_____ (!? )

So, I leaned out door and called to him, "Hey, wait a second"; but he didn't turn around until I stepped out into hallway to project my voice without shouting too loudly (obnoxious anytime but esp in early or late hrs, not to mention against Community rules in the lease) "Hold on! This is NOT THE RIGHT NAME!.
Then he sprinted back, but kept making me repeat our name. I pointed out to him that ALEXIS and ALICE are NOT the same first name, and D & S are not interchangeable spellings for our last name.
MEANWHILE I discovered the DOOR HAD LOCKED BEHIND ME. so I was more upset to be out there, still in sleep clothes, of course no shoes and cannot walk any distance without my cane.
I expressed consternation at being stranded in hall, and asked this interloper what time it was. He replied, "20 until 8", which meant he’d started this hubbub around 7:30 a.m. so I looked up at him, saying, “Do you deliberately do this at a time when people aren't awake?” He ignored that Rhetorical question, but kept asking me to spell our name again and to testifiy that this IS the D____ residence, which I firmly declared, yet he still pointed to the partial acct number printed on the document, asking, “Are you sure this isn't your account?” Even after I'd already said we'd never had any dealings with Midland, then he explained it's [for] _ _ _ _ _ (famous bank/credit card corp) and I told him my daughter was thinking of opening a checking acct with that bank, but “not after this”!
. .
As he prepared to leave, I asked what he expected me to do with no place to go or even sit. So he tried ringing the bell and knocking hard again to awaken my daughter to let me in, but she was deep asleep behind her own door. He said he'd go by the office on his way out, but evidently found no one avail, if he tried. Regular ofc management hours were not to start for over an hour yet.. What he might have done was lend me his cell phone so I could have called my daughter, but by the time I thought of that he was over the hills and far away (with a quiet, loping gait which must be a job requirement).

I rang the door bell several more times until the bell stopped making a sound, so I was very discouraged. Every few minutes I resumed a flurry of knocking and eventually, my daughter woke up enough to wonder at the commotion and where I might be, and found me out there.

All this hassle and we didn't even owe his employers a dime, nor "delinquent" on any of our own accounts. Money is usually tight, but the bills are paid, almost always on time, even if & when need to make arrangements for a partial payment or whatever it takes to avoid being in arrears or risk being classified a "derelict account".. . And YET, one of their hounds - having lost the original scent - treed me anyway. .

So, since this ALEXIS S_____ that Midland et al were hunting, IS or WAS NOT THE FORMER TENANT OR RESIDENT OF THIS APARTMENT, HOW did they come to look HERE for her?

I think they owe me more than an apology. Besides that, innocent people should be protected from this kind of intrusion due to shoddy (and greedy) methods.

From what I've seen of bank or credit overage fees, I sure would like to impose a fine on such shenanigans as these. I already field more than 2 calls a week from collection agencies to people I don't know, but THIS is ridiculous.

Looking forward to a response. Thanks for your patience.

Sorry... they don't OWE you anything... get over it... life is like that.

Did you owe someone else the last time YOU made a mistake or got an attitude? I didn't think so, then why would someone else?

They had an address on file... they served that address. Sometime people move... sometimes people use a false address...

Personal stresses and problems are that own persons concern... and not the concern of others.

I agree, I have heard a LOT worse about process servers. The fact that you were locked out of the apartment is not the process server's fault. You produced no ID to prove you were not the person being served or that they dd not live there.

The correct way to approach this would have been to send the summons back to the agency or the employer of the process server. Show them proof that your daughter just moved into the apartment and is neither the defendant or related to the defendant. A letter from the landlord would suffice.

I don't see where the process server did anything wrong. Maybe he was a little too early. We'd have to know your location to determine if there are laws governing time of day when its legal to serve. Most of the problems you had were of your own making.

Bottom line is that you are not the one being sued. So, if you do nothing, they may get a default judgment against that other person. It's none of your concern.

Part of the problem was that you just moved in. Another thing is the Firbromialgia or whatever the condition is from which you are suffering. Next time the doorbell rings early in the morning, find out who it is before you open the door. If it's no one you know, tell them firmly you aren't interested in what they are selling and don't open the door. If you have opened it, close the door, from the inside. :)

" I appreciate that people took the time to respond, though do think the tone of message from Smoothy was a bit harsh ... "
(and seemed dismissive of what it's like to be unable to walk or stand without support, and how that could make it harder for someone to cope with being locked out).

And since he posed this question or challenge to me as to how I handle making a mistake.. : As a matter of fact, when I do make a mistake, I apologize and explain if I can. If I've inconvenienced someone by my error, I also try to accommodate or compensate that person, if possible.. .

However, my primary purpose for writing this morning (as stated at outset, copied here)...
"regards rules on ways collection agencies or their process servers are allowed to serve papers, and what constraints or fact-checking is required when pursuing their debtors."

My intention was not to launch some counter-suit (which I now realize could be inferred from my saying, "I think they owe me more than an apology",
But an apology at least would help.

As for the opinions offered that all the troubles were of my own making, that is not entirely correct:

The inconvenient situation would have been my fault IF I'd sailed out the door on an errand and forgot both my keys and phone; BUT when someone rings the doorbell several times in a row at an early hour, and by any powers of perception can see that the groggy person who answers the door has just been awakened and is not prepared for company or an outing,
And THEN,
-without asking FIRST - before dropping the papers and rushing off -
That I spell our first and last names, or those of anyone else residing here,
And
Allowing me opportunity to verify my info with I.D. and other documentation, which I could have shown withOUT stepping outside my door,
INSTEAD, he handed me the papers and RUSHED away..
Had he taken the time initially to clarify and verify,
None of the ensuing complications would have taken place. .

So, in my opinion, such tactics as early morning arrival at door, instead of waiting for office hours to corroborate with Manager, who knows us (and had thorough character and work references, plus tenant history and just ran a thorough credit report before this lease was signed last week) created most of the problems I related..

.The fact that ScottGem says, he's "heard a LOT worse about process servers"
Is really more to my point.
Why are bad or worse tactics standard operating procedure?

And, I would ask Smoothy to search his own memory or consider this scenario: : Have you ever received bad service or inedible food (due to quality or mistake in preparation, so were served food to which you're allergic, etc) so that you ended up either without dinner or worse, and when the manager learns of it (not by customer making a scene or complaining loudly, but tactfully relaying the facts) and offers to compensate you by canceling your portion of the bill, or complimentary dessert or raincheck...
Did (or would) you say, "Certainly not. Mistakes happen, and whether or not I was able to eat the meal I ordered, You don't owe me a thing!"
Really?

As for that notion of apology with small compensation: when I pay a utilitiy bill by phone I am charged a convenience fee. If after due date, charged a late fee. If I make a mistake and go over my account limit, that fee (ostensibly for inconveniencing) is $39.

So, I don't see why's it's an outrageous concept for a business that routinely charges convenience fees and fines for mistakes, to apply similar logic when the error is theirs, due to their careless and/or hasty methods, they offer a small compensation to client, customer or person inconvenienced.
I guess, "What's sauce for the goose, is sauce for the gander." doesn't hold in this particular arena. .

Well, I wanted information and, I suppose, some compassion. Thank goodness before I finished this reply, I found more kindly advice from AK Lawyer.(who correctly intuits that condition is among my debilitating conditions).
People are known to risk making poor decisions when drinking. That I can avoid, but thought processes when being startled from sleep, especially when unwell, are harder to manage clearly.
Had I been more alert, I might have realized - as Scott suggested above - that I could follow up on returning the papers later, along with an affadavit from Leasing manager, etc.

I am grateful to this Ask Me forum where people can make inquiries and others can draw upon their experience or knowledge to be of assistance..
I am thankful for the thoughtful advice offered. .

P.S.
Thanks for your patience, one and all. .

Yes there are regs that process servers have to adhere to, but without knowing where you are we don't know what laws apply. However, except for the time issue I don't see anything that would likely be against the law.

And I'm sorry, but your claim that being locked out was their fault just doesn't really fly.

The problem you have is you are assuming an error was made. As far as they are concerned they had correct info.

But the bottom line here is I just don't see anything they did that was effectively wrong.

I own and operate a process service business IN NY. Where are you?

When you serve one person on behalf of another it's called substitute service ("sub service"). I do it all the time. In NY I then follow up by MAILING a copy of the papers to the Defendant/Respondent. It's totally legal service.

There would be no reason for the process server to "jog" down the hallway to get away from you in my area because that was legal service.

Why did they serve a bad address? Because somewhere/somehow that address was provided to the creditor. People search on the Internet and get bad information. I have private sites which hand out bad information. The process server is most probably paid "per serve." Serve the wrong address and it's a waste of time - and money.

I don't ask for ID. I ask for Jane Smith. The person who answered the door says, "She's sleeping," "She's not home," "Drop dead" (which is not an uncommon response) and I hand the person who answered the door the papers. Some people think that I have to either verify the ID of the person served OR that they have to take the papers. I drop the papers at their feet. It's good service - again, in NY. He asked for "Alice." You said she was sleeping. Anything after that about "Alice doesn't live here" is meaningless to me. I would be sure you were lying. Both names were incorrect and you said she was sleeping? I wouldn't believe you. That's how the service business goes.

And on behalf of the process server - for whatever reason (if I understand your lengthy post) your daughter (or someone) was NEVER made aware that this account was in collection and suddenly got served. As a server I am told that payments were not made, attempts to collect have been fruitless, here are the papers. Serve them. I'm already starting thinking that your daughter, at best, is a person who doesn't pay her bills. I can pretty much assume she's not looking forward to being served.

Concerning sneaky ways to serve - as long as it's legal there is no problem. In NY matrimonial actions must be served in person. I've used various means to get someone to the door, including carrying a pizza box. I have a drop-dead good looking man working for me who speaks fluent Spanish but never indicates that he does. He gets all sorts of info when he knocks on a door and the people who open it speak in Spanish.

Why the server continued to ask you for identifying information (or whatever he was asking you), I have no idea. In NY - again, I don't know where you are - if it's a verified address I wouldn't have bothered.

You were locked out in the hall? I would have kept walking and let you bang on the door, ring the doorbell, do whatever it took to get in rather than engage in a verbal duel in the hallway. It sounds harsh and callous but the server isn't the one who locked you out and you very obviously took an adverserial stance. I learned the hard way. I once got thrown over a porch railing while "discussing" a matter with a potential Defendant. Do what you have to do and keep walking - that's what I do, that's what I tell my employees.

Do you know what people do in these situations? They realize the wrong person has been served. They take the papers, call the Attorney, tell them that. The server doesn't prepare the papers and in many instances doesn't verify the address. That's how it works! I suppose you could simply throw the papers away, let a Judgment get entered against the right person at the wrong address, make them "pay" through the inconvenience of explaining it was bad service. But, again, most people simply call the creditor/Plaintiff.

The World doesn't compensate anyone for being inconvenienced. I don't understand the comparison between bad food and being inconvenienced by a process server. Can you explain that to me? The same with the convenience fee argument. I don't get the connection.

If you are really into this, sue the Plaintiff and the process server in Small Claims Court for your inconvenience. It happens. Let a Judge sort it all out.

What do I do when my doorbell rings and I'm not expecting anyone and I'm sleeping? I don't answer it.

To JudyKayTee;3156332 in NY.

I was away from computer for most of the day, or would have written sooner to thank you for responding with a thorough explanation of how this business works, and the perception from opposite end of the transaction.

Perhaps he was jogging away because time is money and he had more to deliver, or because he doesn't want to argue with people trying to hand the papers back to him, with possibly false claims of error or mistaken identity.

At least he came back when he heard me say "This is the wrong name",
The document was addressed to ALEXIS and my daughter's name is Alice, which is not that close, but what I thought I heard him say through the door. Maybe he'd said, ALEX. Anyway, by further coincidence, the last name was similar to ours, actually rhymes with it, but STARTS with a different letter.
The Alexis being sued has a last name starting with S, and ours starts with D.

My daughter has never had an account with the bank in question or ever opened a major credit card in her name, and only has two store cards, which have small to zero balances and have never been Past Due.

We are in California..

I asked the question in this forum mainly because I was curious to know if searches for debtors "on the lam?" are so wide-ranging they include names that are somewhat similar but not actually the same, as in this case. .

I thought I'd heard him say "Alice", who indeed was sleeping (soundly). After I read the name in print, I did NOT then claim that "Alice doesn't live here", just pointed out that the name on the papers he gave me was ALEXIS {"close - but no cigar}, so I wasn't switching my story about my daughter's whereabouts or name.

So, apparently he DID believe that it was reasonable for me to have misunderstood him through the door because they sounded similar enough and he knew his ringing the doorbell had just awakened me.

Besides, he had the option (which is not available at an individual house) of asking building manager to verify the names of present and former tenants at our apt..- which might shed some light on how long ago this might have been a "good address" for Alexis...
(I am not printing her last name here, because I don't want to violate her privacy,
Or smear the reputation of someone else with same (exact) name who has not abandoned a debt).

Even though I did call him back to point out the name on document was not my daughter's, I didn't scream or behave in a threatening manner, nor was I physically capable of any aggressive action, though after your experience being tossed over a railing I understand why you'd advise servers to drop the papers and keep on walking. .

Well, I am not feeling well enough to write further, so shall close. Thanks again for your time in pointing out the factors at play in a confusing situation..
.

I wanted to address these two points.

Quote:

---

Originally Posted by hoi polloi

To JudyKayTee;3156332 in NY.
So, apparently he DID believe that it was reasonable for me to have misunderstood him through the door because they sounded similar enough and he knew his ringing the doorbell had just awakened me. .

---

You mentioned the server was a young man. Its possible, he was inexperienced and that's why he returned. As Judy explained, most would have just kept going.

[QUOTE=hoi polloi;3157319]Besides, he had the option (which is not available at an individual house) of asking building manager to verify the names of present and former tenants at our apt.. - which might shed some light on how long ago this might have been a "good address" for Alexis...
(I am not printing her last name here, because I don't want to violate her privacy,
Or smear the reputation of someone else with same (exact) name who has not abandoned a debt)./QUOTE]

I think you missed what Judy was saying here. The server is told this is the address, go serve. It is not the server's job to check with anyone in the building or building management to confirm anything. Their job is to go to the address given and hand over the papers.

It's not my job to verify addresses UNLESS it's an instance when I'm asked to do so. That very seldom happens.

You also totally missed one of my points - if I ask for Sam and you say he's sleeping and I walk away, you look at the papers and you say, "I thought you said Dan" I keep walking. You knew the person the first time I asked (whether you heard me incorrectly or not). This is a very common ploy, by the way.

The server neither knows nor cares about your daughter's credit cards, financial situation, anything else - he's there to serve papers. I'll take that a step further - if you ask one of the people who work for me what the papers are about, why you're being served they reply, "I'm sorry. I don't know. I just get paid to serve the paper. I don't read them."

And then they turn and leave.

I will also add that your health problems, which appear to be severe, are also not the server's problem. We take you as we find you - healthy or not.

The server in your instance was NONE of things you state: "I'm inquiring because i just had a distressing experience caused by an over-eager server handing me a summons meant for, and addressed to, SOMEONE ELSE. with a name sounding slightly similar to my daughter's, but not enough close enough to be mistaken by anyone whose is precise or literate."

Apparently you didn't understand what he said - and you don't appear to be illiterate.

He was doing his job.

Now that we've gone back and forth on this I have to ask - what do you expect to happen next? An apology? Some sort of settlement? Something else?

I appreciate the time several of you took to give me your opinions, information from experience and more.

Unfortunately I have become more ill since starting this thread with my inquiry, and am unable at this time to spend any more time at computer beyond the minimum required to keep up with accounts.

I certainly don't have energy to pursue this matter in any way, and must retire from this discussion by which I intend no disrespect.. .

Hope you feel better.