Debt Collection & The Illegal Practice of Sewer Service
Table of Contents
Table of Contents
Insurance Lawyer
Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...
Jeffrey Johnson
Insurance Lawyer
Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...
Jeffrey Johnson
Updated July 2023
When a debt collection agency files a lawsuit against you for an outstanding debt, it must serve you with the papers so that you are aware of the action. However, one New York agency allegedly didn’t think that was necessary and provided debtors with “sewer service” instead. Now it faces a class action lawsuit for those debt collection practices.
What Is Sewer Service?
Sewer service is a practice in which process servers, the people who are supposed to serve you with a lawsuit, simply dump the papers into the sewer – and then claim that they served you personally. Unfortunately for debtors, if you don’t get the notice, you can’t respond to the allegations and a judgment will be against you.
That’s exactly what happened to California resident, David Youssefyeh. Youssefyeh owed a debt that New York-based debt collection firm Mel Harris and Associates (Harris) was trying to collect from him. Although Youssefyeh was never served with papers, he soon discovered that his bank had levied his accounts and that Harris claimed the company had served him personally. He brought a class action lawsuit against Harris for its illegal practices.
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Abusive and Deceptive Debt Collection Practices
It’s no secret that debt collectors will do whatever it takes to get a debt paid. However, some of their practices are abusive and deceptive – and illegal. Legal experts whose practices focus in debt collection / Fair Debt Collection Practices Act (FDCPA) cases say consumers can find themselves having to explain their outstanding debt (if it’s even theirs in the first place) to family members, co-workers, bosses and even neighbors. Although illegal, many debt collectors and debt buyers (those who purchase debt for pennies on the dollar and then try to collect it sometimes years later) use tactics such as calling family members and neighbors and telling them about the debt in order to embarrass the debtor into paying. In other cases, they may call the debtor’s boss and tell him or her that something terrible has happened and that it’s urgent for the debtor to call them back. That’s a lie, of course, but the debtor may pay up in order to avoid these types of blackmail-like practices.
Don’t Put Up With Illegal Debt Collection Practices
Debtors do not have to put up with such practices. The FDCPA says that debt collectors cannot use “abusive and deceptive” practices in order to collect a debt.
Case Studies: Uncovering Unethical Debt Collection Practices
Case Study 1: Debt Collection & The Illegal Practice of Sewer Service
In this case study, we examine the illegal practice of sewer service and its impact on debtors. John, a California resident, found himself facing a debt collection lawsuit from the New York-based firm Mel Harris and Associates (Harris). John’s bank seized his accounts without notifying him, falsely claiming he was served by Harris. Feeling wronged, John sued Harris for illegal debt collection in a class action lawsuit.
Case Study 2: Abusive and Deceptive Debt Collection Practices
Sarah, a hardworking individual, found herself on the receiving end of abusive and deceptive debt collection practices. Debt collectors, in an attempt to collect her outstanding debt, resorted to tactics that violated her rights. Sarah’s family, neighbors, and boss were contacted, revealing her debt to shame her into paying. These actions were unethical and illegal. Sarah seek help under the FDCPA to guard her rights.
Case Study 3: Unfair Debt Settlement Practices
Mark, a struggling consumer burdened with significant debt, sought assistance from a debt settlement company. Promised relief, Mark entered into an agreement with the company, which claimed to negotiate on his behalf with creditors. The debt settlement company acted unfairly, charging excessive fees and providing false information. Mark took legal action to hold them accountable.
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