FAKE Service of Summons

I am reminded of an online group discussion about various tricks, frauds, and scams. One member recounted how someone impersonating a county sheriff’s deputy—complete with uniform and badge—knocked on their door one evening to deliver bogus court papers. I encouraged her to look into it more deeply because it didn’t sound like a hoax to me.

It wasn’t.

It turned out to be a real lawsuit, a real deputy sheriff, a real summons, and a real complaint. They had, in fact, been properly served. Their deep skepticism toward scammers had made it difficult for them to believe the service was legitimate.

This kind of mistake isn’t as absurd as it might seem. When the Fair Debt Collection Practices Act (FDCPA) became law in 1978, 15 U.S.C. § 1692e(1) & (13) made it unlawful for debt collectors to mislead consumers by:

Falsely representing that they are affiliated with the state, including the use of uniforms, badges, or similar facsimiles.

Falsely implying that documents are legal process.

Congress banned debt collectors from pretending to be deputy sheriffs delivering fake court summonses because that’s exactly what they had been doing to deceive people. Recognizing the difference between fake and genuine legal debt collection is increasingly difficult, but the fake is a problem only because the real thing exists.

Be skeptical, but also read the fine print. As Ronald Reagan said, "Trust, but verify." That means placing initial trust in someone or something while taking steps to confirm their accuracy and reliability. Doing your due diligence is not difficult. You have a telephone—use it. Call the courthouse and ask if you’ve been sued. They will tell you.