Author Topic: Does FDCPA apply to "physical" weekend harrassment from a collector?  (Read 352 times)

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fisthardcheese

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Re: Does FDCPA apply to "physical" weekend harrassment from a collector?
« Reply #15 on: April 25, 2017 10:43:29 AM »
Just a quick update. It turns out the whole thing was indeed a process server, some guy knocked on my door again earlier today. Being that it was broad daylight outside I didn't feel as afraid (plus my neighbors were out on their front porch), so I went ahead and answered the door.

They were trying to serve an acquaintance of mine who apparently has a trouble-making teen daughter, I glanced at the paperwork and it's something about a "juvenile" case or something like that. I told the guy that person doesn't live here and that was that. I'm guessing there was a simple mix-up in addresses, or this acquaintance of mine has been dodging the paperwork, causing these guys to go looking around.

I don't know how they "tied" him to my address, but now that I think of it I have been getting mail every now and then from a nearby high school, even though I don't have any kids. I've also gotten occasional voicemails  from this same high school, the message is always about some girl being absent, not attending classes, getting multiple F's, etc. It all makes sense now..

Anyways, I'm relieved it wasn't MY name on any legal paperwork, although that first incident did spook me.

Did you get the name of the process server?  That would be useful information for the police report I would be filing.
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Bruno the JDB Killer

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Re: Does FDCPA apply to "physical" weekend harrassment from a collector?
« Reply #16 on: April 25, 2017 12:34:00 PM »
Court officials are indemnified against suits of that type. You cannot sue them for doing their job. They may have the wrong house, but making anything out of that will be difficult since somebody else provided the address.
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BrokeBob

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Re: Does FDCPA apply to "physical" weekend harrassment from a collector?
« Reply #17 on: April 25, 2017 02:50:07 PM »
IF shining the flashlights into the window is prohibited for process servers in that state, then a police report for such conduct would be warranted process server or not. 

flaccito

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Re: Does FDCPA apply to "physical" weekend harrassment from a collector?
« Reply #18 on: April 25, 2017 06:27:32 PM »
Quote from: fisthardcheese
Did you get the name of the process server?  That would be useful information for the police report I would be filing.

I did get a name, although I do not know if he was the one shining the flashlight. This time it was just one guy.

I think Bruno is right though, even if I did file a police report at this point it's unlikely anything would come of it due to that indemnity factor.

It appears to be a simple case of mistaken address. But if it had turned out to be a collector looking for me? I would not hesitate at all to fill out a proper police report and make a big fuss over it, if nothing else to strengthen any potential FDCPA claim.

CleaningUp

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Re: Does FDCPA apply to "physical" weekend harrassment from a collector?
« Reply #19 on: April 25, 2017 06:44:08 PM »

...I would not hesitate at all to fill out a proper police report and make a big fuss over it, if nothing else to strengthen any potential FDCPA claim.



Or cause you to lose any credibility you might have had with the court.

nobk4me

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Re: Does FDCPA apply to "physical" weekend harrassment from a collector?
« Reply #20 on: April 25, 2017 08:51:44 PM »
Maybe it was a process server.  Maybe it wasn't; maybe it was someone pretending to be a process server, with fake papers.  Maybe criminals casing the joint?

If this happened to me, I would be very creeped out, and I would go to the police.  IMO, there is no legitimate excuse for anyone to go to your house at night and shine a light in the window.

I would consider this criminal trespassing, or maybe even stalking.


Edited to add:  in some jurisdictions, with laws like castle doctrine and stand your ground, behavior like that would be hazardous to their health.
« Last Edit: April 25, 2017 09:21:31 PM by nobk4me »
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Flyingifr

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Re: Does FDCPA apply to "physical" weekend harrassment from a collector?
« Reply #21 on: April 25, 2017 09:21:29 PM »
In some States, what the original people at the door late at night was doing could easily be perceived as a break-in attempt and could legally be met with a shotgun blast through the door.

Find out exactly what the laws in your State are and act accordingly.
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Bruno the JDB Killer

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Re: Does FDCPA apply to "physical" weekend harrassment from a collector?
« Reply #22 on: April 26, 2017 12:32:53 PM »
Maybe it was a process server.  Maybe it wasn't; maybe it was someone pretending to be a process server, with fake papers.  Maybe criminals casing the joint?

If this happened to me, I would be very creeped out, and I would go to the police.  IMO, there is no legitimate excuse for anyone to go to your house at night and shine a light in the window.

I would consider this criminal trespassing, or maybe even stalking.


Edited to add:  in some jurisdictions, with laws like castle doctrine and stand your ground, behavior like that would be hazardous to their health.


there is no legitimate excuse for anyone to go to your house at night and shine a light in the window.


What if it's the police, looking for a suspect? You want to take a chance on shooting a cop through the door? That's a depraved indifference manslaughter charge.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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Re: Does FDCPA apply to "physical" weekend harrassment from a collector?
« Reply #23 on: April 26, 2017 01:55:11 PM »

there is no legitimate excuse for anyone to go to your house at night and shine a light in the window.


What if it's the police, looking for a suspect? You want to take a chance on shooting a cop through the door? That's a depraved indifference manslaughter charge.

It's not the police.  They don't walk up to a window and shine a light inside.  They use a tank to break the door down, throw a grenade inside, then run 7 deep into the house shooting first and asking questions later.  They do it Braun style.
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Bruno the JDB Killer

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Re: Does FDCPA apply to "physical" weekend harrassment from a collector?
« Reply #24 on: April 26, 2017 09:56:31 PM »
You have no control or specific knowledge as to who that person is on your porch. I would not take the chance. Shooting through a door absent a clear and present danger or imminent provable threat to your own life puts you in a jackpot. You can go to the cop's funeral after your arraignment if you so choose.
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nobk4me

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Re: Does FDCPA apply to "physical" weekend harrassment from a collector?
« Reply #25 on: April 26, 2017 11:57:44 PM »

there is no legitimate excuse for anyone to go to your house at night and shine a light in the window.


What if it's the police, looking for a suspect? You want to take a chance on shooting a cop through the door? That's a depraved indifference manslaughter charge.

Ok, I agree there is an exception for the police.  This situation was probably not the police.

And, I did not mention shooting through the door.  Flyingifr did.  I would not recommend that.  It's poor firearm handling, shooting without knowing your target and what is beyond it.

I think what we both meant is what the OP described sounds more like criminal activity than a debt collector or process server. 
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