Can a debt collector summon my boss?

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Can a debt collector summon my boss?

Yesterday I was sick from work and a process server came by where I’m employed to serve my boss and I a court summons. He gave her a number to call, but would not give her the summons while she was there. If I took the debt, why would my boss have to appear in court too? Why have they not tried to contact me any other way first? Aand why would they go through all this trouble for $350?

Asked on May 9, 2012 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) Your boss could be named as part of the lawsuit if there is some good faith (even if ultimately mistaken) reason to think she also owes the creditor money--for example, that she has done something improper to help you avoid paying. (For instance: paying you under the table to avoid a record of your income and defraud creditors.) Alternately, even if she is not named in the lawsuit, she could be subpoened to testify if they believe she has relevant information, such as in regards to your earnings.

2) As for they they have not tried to contact you other ways--there is no way to know "why," but legally, someone who believes they are owed money may simply go directly to suing you; they don't need to first contact you some other way or try to work matters out.

3) Similarly, there is not way to know why they are going to this trouble over $350--but they are allowed to. Someone may sue for any amount owed, even if, given the cost of suing versus the amount they could recover, it is a money-losing idea.


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