Expert: Regan Shinski - 3/29/2010

Question
A sheriff went to my parents house with a warrant for my arrest.The judgement was issued to a collection agency (LVNV Funding). They are trying to collect $3700.00 for an account that was charged off in 2004 by Capitol One Bank. The amount was for $934.00. Everything involving this collection was sent to 289 lynnfield st. peabody, I live on 51 kernwood dr. in Lynn,ma.. I called the sheriff & have to go to the court on apr.5,2010 for the warrant. I was never served in person anything about this nor was I sent any letter to my address where I live. This Co. (LVNV is a scum collector company. Please help me with any advice you might have. Thank You john

Answer
Hello John:

Are you saying you had an arrest warrant of the sheriff was trying to collect on a judgement?  An arrest warrant is a criminal charge.  You need to find out what crime you are being charged with and most likely fight it.  Criminal charges need a criminal defense attorney or possibly a public defender.

Regarding the debt and judgement, you need to contact the courthouse and find out how you were served.  I don't live in MA, but it appears the following is the law there:


Service shall be made as follows:

Upon an individual by delivering a copy of the summons and of the complaint to him personally; or by leaving copies thereof at his last and usual place of abode; or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by statute to receive service of process, provided that any further notice required by such statute be given. If the person authorized to serve process makes return that after diligent search he can find neither the defendant, nor defendant’s last and usual abode, nor any agent upon whom service may be made in compliance with this subsection, the court may on application of the plaintiff issue an order of notice in the manner and form prescribed by law.


So, it appears you can be legally served by a server leaving copies at your last know address.  Even without that, if they can't find you, a court may issue an order as well.  Is that possibly what happened to you - not an "arrest" warrant?

Regardless, get to the court and look at the judgement documents.  A court clerk should be able to help.  A phone call and/or court's website may save you some time.  You want to find out how you were served on the original judgement.  Then, you will likely need to file a motion to vacate the judgement based on improper process serving.  

However, this may delay the inevitable if they have the goods to prove it's your debt.  Your best case scenario would be that there are no criminal charges (that you are mistaken), the judgement gets vacated due to improper servicing, and it is no past the statute of limitations.

You can also try and argue the interest and fees are excessive but you are probably being charged, interest, legal, and court fees.  However, you can dispute each one and hope the judge knocks it down to a more manageable amount.

Good luck, I hope this helps.

Regan