Process server called me about my husband CONFUSED

[cship10]

Good morning all, 

We have been working dilligently on cleaning up my husbands credit. It has jumped nearly 80 points over the course of the last year. This morning while at work I received a call from an unknown number - due to work I always answer these calls. The person asked if I had any contact with my husband, I said yes, he said he is a process server and needed to get in touch with him. He provided me a case number and asked me to have him call. 

My husband called the guy, and he said he wasn't a process server but " intent to sue" is being filed with the courts in our county. How could he have given me a case number if it hasn't been filed yet? He then proceeded to say it was for an 8 year old debt (out side of statue of limitations) for a chase card. I'll be frank, my husband has never had credit good enough to get a chase card let alone a 5,000 dollar limit. Since 2015 there was never anything on his credit from chase. 

My gut tells me this is a scam, but he was served a few months ago for a personal loan that he took out and never paid (before we met) and we have been working on coming up with the money for that before the court date so we can settle it before going to court. So I want to be sure of whats going on with this. 

Can you have a case number before its even filed in court? He said the serve is done by currier? I was under the impression that it had to be done through the sherrifs department? 

Any help would be greatly appriciated. 

Side note in his rebuild, we have paid off about 6000 dollars worth of collections on his reports and are on payment plans for his medical debts from his brain tumor that was removed ealrier this year, things are starting to move in the right direction for him credit wise. I would love to see his scores in the mid 700's like mine one day. 

[calyx]

This very much sounds like a scam - I think the first order of business would be to call the county courthouse to double check that there is, in fact, anything filed against your husband.

It probably wouldn't do any good with the burner-apps out there, but I would also be searching the 'servers' name and number to see if you could find anything.
If your husband DOES get served, obviously you would need to do your due diligence and show up in court, but it sounds like that's not likely.
Since the account is outside of the SOL for your state, I wouldn't worry, just stay on top of the case if they try to file.

[cship10]

Thank you, thats pretty much what I assumed. I had him call and there is no listed case number and the woman said it was a scam. Blows my mind the lengths that people will go to. 

[gdale6]

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@cship10 wrote:

Thank you, thats pretty much what I assumed. I had him call and there is no listed case number and the woman said it was a scam. Blows my mind the lengths that people will go to. 

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The gulibility of the general public knows no bounds and this kind of scam is very successful. When they called me I just laughed at them, they increased their threats, I laughed harder it went on for about a minute until I said "You need to get up very early to get one by me" the line then went dead. I have not heard a peep since Im sure they put the word out "this consumer is fully informed"... A process server will never call for anything they will find people quietly and then just show up and serve papers. Another scam of this type is the one where they say the sheriff will be coming to arrest you for not paying unless it is paid right now.

[FireMedic1]

Sounds like a scam. I love my Google "Screen Call". They get an automated voice:

The number is usually same area code and same first 3 numbres of my phone number. Once they hear it they hang up. Or I hit spam and they get another responce remove me from your call list and your number has been reported as spam. Number blocked.

[Superdad88]

If a case is filled, it doesn’t matter what kind of case civil or criminal it will come with a case number. That’s how it’s tracked through the courts. So yes, you can have a case number and not be served yet. I had a CC try to say they where going to show up at my work and serve me. I said go ahead. They never showed.

[Jnbmom]

I had the same thing happen to me a "case number" said they were going to show up at my work and serve me and they really don't like to do that since I work in s hospital , trying to scare me into embarrassment. Funny they rattled off my work address from the payroll department about 3 hours from where I am. The
address is right there in Google search. I said well go ahead and thank you for the heads up most reputable companies never warn you they are serving you, but kudos to you guys you must be a special kinda of junk buyer😂😂😂
They never showed that was several months ago.

[RobertEG]

Just ask them for their full name, address, and phone number so that you can have your attorney get in contact.

If they wont provide, then it is a clear scam.......

Representation that you have or will file a civil action when you have no intent or have not actually done so is an explicit violation of FDCPA 807(5).

[Anonymous]

Hold on a sec.

First and foremost Google the phone number that called you see if you can get any info.

To me it sounds like a zombie debt collector for a payday loan.

If this is the case then first find out if Payday loans are legal in your state.  They are not legal and therefore not enforcable in many states.  There was a recent post here with a link on how specifically to handle them.

Like some others on this forum in the past I have used payday loans and there is one that still haunts me.

I get calls, my brothers ex-wife gets calls, my old boss gets calls...  It's very scary at first "We need to know when you will be there so we can serve you papers at your home or office".

If it is a payday loan they can show up as collectins on your credit report even if not legal in your state and you will have to dispute them.

In my case they have 3 strikes against them making their collection efforts a waste of time:

1) Illegal in my state

2) > 7 years old

3) Included in a discharged bankruptcy

However every few months there is another call and another blocked number and once in a while I hear from a relative, neighbor or old co-worker I get calls like I described.

Find out if its a payday loan and take it from there.