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What is sewer service?

Chloe Meltzer | September 23, 2024

Chloe Meltzer
Legal Expert
Chloe Meltzer, MA

Chloe Meltzer is an experienced content writer specializing in legal content creation. She holds a degree in English Literature from Arizona State University, complemented by a Master’s in Marketing from California Polytechnic State University-San Luis Obispo.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Fact-checked by Greg Anjewierden, J.D.

Greg Anjewierden
Attorney and CEO of Debtbrief
Greg Anjewierden, JD

Greg Anjewierden is the Founder and CEO of Debtbrief, where he empowers consumers sued by debt collectors with tools, legal representation, and self-defense strategies. With over a decade of legal experience, including as a former creditor’s rights attorney, Greg is committed to advocating for consumer rights.

Summary: In a court of law, sewer service is the act of intentionally failing to serve a notice of complaint to a defendant.

When it comes to being served with a debt collection lawsuit, there are measures in place that need to be upheld. One such measure is the proper service of court documents to the opposing party. In the realm of civil litigation, sewer service is the term used to describe failing to serve a notice of complaint on a debtor.

There's a reason they call it sewer service—it's a pretty crappy thing for a creditor to do.

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What is sewer service?

In a court of law, sewer service is the act of intentionally failing to serve a notice of complaint to a defendant. The defendant is often the one in debt, and if the plaintiff (usually a debt collector or law firm) does not properly serve them, it is sewer service.

When filing a lawsuit, the plaintiff usually must include an affidavit stating the defendant has been served. In sewer service, the plaintiff lies on the affidavit: the defendant wasn't properly served and may not know about the lawsuit. When the defendant does not appear in court, the collector would be awarded a default judgment. This can lead to garnishment of wages and other issues for the defendant, which is unfair if they were never notified of the lawsuit.

We wanted to learn more about the lawfulness of sewer service in debt collection lawsuits, so we asked an attorney about it. Watch the video below to discover what we learned.

How sewer service affects consumers

Sewer service is a deceptive practice. It leaves consumers at a completely unfair advantage because a defendant cannot fight a lawsuit that they don't even know exists, and failure to appear in court will automatically result in a default judgment. Default judgments can lead to serious complications for the consumer. Such complications may include:

  • Wage garnishments
  • Bank account seizures
  • Damaged credit scores
  • Additional fees

Sewer service also affects other key players in the legal industry

Sewer service significantly affects various stakeholders in the debt collection legal industry. Having explored its impact on consumers, we now turn our attention to legal professionals and government agencies, examining how they navigate and respond to the challenges posed by sewer service practices.

Legal professionals

Sewer service significantly affects various stakeholders in the debt collection legal industry. Having explored its impact on consumers, we now turn our attention to legal professionals and government agencies, examining how they navigate and respond to the challenges posed by sewer service practices.

Government agencies

Government agencies grapple with the administrative burden and financial strain caused by sewer service. They must allocate resources to investigate fraudulent service claims, often diverting funds from essential public services. For instance, the New York City Department of Consumer Affairs reported a surge in complaints about improper service, necessitating a specialized task force. This task force's creation strained the agency's budget and workforce, highlighting the broader systemic impact. The increased workload also delays other regulatory functions, compromising overall governmental efficiency and public trust.

Sewer service is unlawful

Sewer service violates the rules of civil procedure for most states, usually Rule 4, which outlines the law surrounding proper service. You can double-check your state's service laws under Rule 4 here.

Sewer service is arguably a violation of the Fair Debt Collection Practices Act (FDCPA). Because of this, you can sue or countersue a collection agency if you're a victim of sewer service. Unfortunately, this type of service has become a common practice, but if you know your rights under the FDCPA, you will know what actions you can take.

Illegal actions under the FDCPA

  • Failing to send a written debt validation notice: Any debt buyer or collector must send you a written debt validation notice within 5 days of your initial communication requesting validation. They must also give you a notice of your right to dispute the debt within 30 days. If this is not done, then it means you have not been given proper notification.
  • Asking you to pay more than you owe: Debt collectors are not allowed to lie to you in any way, or make it seem as though you owe more debt than you do.
  • Asking you to pay illegal interest, fees, or expenses: Sometimes, a debt collector may not be allowed to ask you to pay anything extra that is not in your original credit agreement. This includes extra interest, fees, or expenses. That said, many contracts allow the collector to sue for collection expenses.
  • Calling repeatedly: Under the FDCPA, harassment is a violation. This means constant or repeated calls may not be allowed.
  • Using obscene, profane, or abusive language: Similar to harassment, any form of threatening language is not allowed.
  • Calling at odd hours: Debt collectors may not call whenever they wish as this would compromise your sanity. Generally, odd hours include before 8:00 am or after 9:00 pm. The only time that is appropriate is if you ask them to call during these hours.
  • Calling you at times that are known to be inconvenient: If you work at certain times and it's not appropriate to call, letting a debt collector know this means they are required to respect it.
  • Using or threatening to use violence for not paying the debt.
  • Threatening action they cannot or will not take: This might include threatening arrest, or suing you if this is not legally possible.
  • Telling a third party of your debt: Legally debt collectors are not allowed to tell anyone else about the debt you owe. The only person they are allowed to discuss it with is your lawyer, creditor, creditor's attorney, or your spouse.
  • Repeatedly calling a third party to get your location information: Although they are allowed to contact a third party reasonably, they may not contact them more than once.
  • Contacting you at work: Any attempt to contact you at work when they are aware it is not allowed is a violation.

What to do when sewer service occurs

If you believe that you are being sued for debt and you were not properly notified, or worse, a default judgment has been placed against you, then you need to take action.

If you have already lost the lawsuit by default judgment, then you can file a Motion to Set Aside Judgment.

If the deadline has not passed to respond to the Complaint, then you can file an Answer arguing you should win because of improper service.

infographic of what I should do after sewer service.

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Technological solutions are working to prevent sewer service

Technological solutions like digital tracking systems and automated notification systems can effectively prevent sewer service issues. These innovations offer real-time monitoring and timely alerts to address potential problems. Keep reading to learn more.

Digital Tracking Systems

Electronic Proof of Delivery (ePOD) systems are widely used to enhance transparency and accountability in the delivery of legal documents. These systems can log the exact time, date, and GPS location of a process server at the moment of service, creating verifiable digital proof that can be used in court to prevent disputes over service claims.

For example, modern GPS and geotagging technologies allow real-time tracking of document deliveries, while some systems also capture geotagged photos or videos during service to further validate the event. Some companies are even integrating blockchain technology to create immutable records that cannot be altered, ensuring that every step in the service process is traceable and reliable​.

This kind of digital innovation is already being embraced by legal professionals and process servers, making the service of process more efficient and reducing the occurrence of fraudulent practices like sewer service​.

Implementing such technologies helps courts and legal systems verify that documents were properly served, minimizing default judgments and legal disputes due to improper notice.

Automated Notification Systems

Automated notification systems send notifications to the recipient, the process server, and the court when key actions occur, such as when a document is dispatched, when the process server is en route, or when the service is completed. This creates a clear digital trail that ensures the recipient is informed about the delivery and reduces the likelihood of false claims that service occurred when it did not.

Here are some other ways Automated Notification Systems can help improve process server industry:

  • Real-Time Alerts: Automated notifications ensure that defendants are informed about upcoming deliveries, giving them an opportunity to be present when the service is attempted. This reduces the chance that process servers can falsely claim they delivered documents without the recipient's knowledge.
  • Confirmation and Verification: Notifications can be sent to multiple parties (recipient, sender, and the court) confirming delivery and receipt of documents. This adds a layer of accountability that prevents process servers from engaging in fraudulent practices like sewer service.
  • Documentation of Attempts: Automated systems can document each attempt to serve documents, including timestamps and reasons for unsuccessful attempts. This transparency ensures that all parties have access to a reliable record of the service process.

Read these case studies on sewer service

Consumers have faced severe repercussions due to sewer service, where legal documents are intentionally misdelivered or not delivered at all. Below, we list some notable instances of sewer service and how this unscrupulous legal tactic can affect the lives of consumers for years to come:

  • Sykes vs. Mel Harris & Associates: In 2006, Veerabadren discovered that a default judgment had been issued against her without her knowledge due to sewer service. Her bank account was subjected to collection efforts based on a judgment she was never notified of. This case was part of a larger class action involving Mel S. Harris & Associates, where fraudulent service of legal documents led to widespread defaults, negatively impacting credit scores and causing financial hardship for thousands of low-income consumers. This lawsuit ultimately resulted in a $59 million settlement​.
  • David Youssefyeh vs. Mel Harris and Associates: Youssefyeh, a resident of California, was never served with a lawsuit from Mel Harris and Associates, a debt collection firm based in New York. Despite this, the firm claimed to have served him, and his bank accounts were levied to collect a debt he hadn’t been able to contest. Youssefyeh filed a class action lawsuit to challenge these illegal practices, highlighting how sewer service can leave consumers defenseless against unjust debt collections​.
  • Minnesota Lawsuit Against TJ Process Service: Minnesota Attorney General Lori Swanson filed a lawsuit against TJ Process Service for engaging in sewer service. In one instance, a 73-year-old man who had lost his home to foreclosure years earlier was falsely claimed to have been served at that address. Another victim was a woman who had not lived at the address for over 11 years. These fraudulent service claims led to default judgments, preventing these individuals from defending themselves in court.

These cases illustrate how sewer service undermines the legal process, leaving consumers unaware of lawsuits until judgments are issued against them, often causing financial and legal hardships.

Lessons learned about sewer service in the legal industry

Fraudulent service of legal documents often results in default judgments, financial ruin, and damaged credit scores, highlighting the need for transparency and accountability in the legal notification process. Here are some of the most important lessons we learn about sewer service from the cases listed above:

  • Fraudulent service claims lead to default judgments, stripping individuals of their right to defend themselves in court.
  • Consumers often remain unaware of lawsuits until judgments are issued, causing unexpected financial and legal hardships.
  • Sewer service practices can result in severe repercussions, such as bank account levies and damaged credit scores.
  • Vulnerable populations, including low-income individuals and the elderly, are disproportionately affected by these unethical tactics.
  • Legal actions, such as class action lawsuits, highlight the widespread nature of sewer service and its detrimental impact on consumers.
  • Settlements and legal repercussions for firms engaging in sewer service underscore the need for stricter regulations and enforcement.
  • Awareness and vigilance are crucial for consumers to protect themselves against fraudulent legal practices that exploit procedural loopholes.

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