Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692e, provides, in part, as follows: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(13) The false representation or implication that documents are legal process."
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The Notice can be served only by (1) a person over the age of 18 who is competent to be a witness and is not a party to the action, or (2) the sheriff or a deputy of the county in which the court is located. Instead of personal service, the Notice can be sent to the defendant by registered or certified mail.
Summons and Complaint ? Two separate documents that go together to start a civil lawsuit.
The summons upon the party out of the state shall contain the same and be served in like manner as personal summons within the state, except it shall require the party to appear and answer within sixty days after such personal service out of the state. [ 1959 c 131 § 1; 1895 c 86 § 3; 1893 c 127 § 11; RRS § 234.]
After initial service of process (service of the summons and petition), almost all documents in the case (except subpoenas, restraining orders, or orders setting contempt hearings) can be served by dropping them off, hand-to-hand delivery, or mailing them.
Instead of personal service, the Notice can be sent to the defendant by registered or certified mail. If the Notice is mailed, a return receipt with the signature of the party being served must be filed with the court. The defendant must be served the Notice at least ten calendar days before the scheduled hearing.
