Sewer service is the act of intentionally failing to properly serve a notice of complaint to the defendant (i.e. the debtor). The plaintiff (i.e. the collector or law firm) then proceeds to file an affidavit, falsely claiming that the notice has been properly served. When the defendant does not appear in court, the collector may now apply for a default judgment – a judgment which the collector almost always wins.
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Sewer service is deceptive, leaving consumers at an unfair disadvantage. If the defendant is not properly served a notice of complaint, they do not know to appear in court. When a default judgment is ruled against the debtor, it can lead to wage garnishments, bank account seizures, and damaged credit scores.
Sewer service is a violation of the Fair Debt Collection Practices Act (FDCPA). In spite of this, it has become a common practice among both ‘reputable’ and ‘non-reputable’ collection agencies and law firms alike.
Sewer service is an unlawful practice and should not be taken lightly. If you have been victimized by sewer service, it is time to speak with a consumer lawyer.
Call 1-800-NOT-FAIR (1-800-668-3247) or email us for your FREE case review.