The Problem Is, It’s Not as Dramatic as You May Think
Everyone I speak to has suffered through months, sometimes years, of phone, email, online chat, and paper correspondence with their bank or loan servicer, often getting nowhere. They live through frustrating calls with a different representative who tells them something different each time, then another sleepless night. When they finally have had enough, they pick up the phone to call me. When I ask what was the final straw – the last piece of paper that finally sent them to us?
The most common reason: “I’ve been served.”
About Service of Papers in the Real World (Connecticut, that is)
What Popular Culture has to Say
TV and the movies want us to believe that getting served with papers is a horrific, confrontational experience, the result of something terrible we have done.
A good example is the first ten minutes of 2008’s Pineapple Express – a montage of Seth Rogen as an inventive process server in Los Angeles. He disguises himself as a UPS driver, a fax repairman and a doctor in order to catch people at their home, in their office, and even an operating room to get them served. He knows the details of the suit and gladly recites the allegations while he hands the summons over. It’s a great bit- but believe me, not realistic at all.
Because of the exaggerated dramatization of how legal papers are served, most people think this is an accurate portrayal of service. “You’ve been served!” is part of our lexicon, and we are taught it’s something to be feared.
Real Life Service in Connecticut
Movies and TV use process serving as a plot device. It builds tension and is a shortcut to show us the protagonist has a legal problem. In reality, particularly in Connecticut, service is boring. There’s really nothing dramatic about it, its role is a simple, vital function our right to due process. And I promise you, no one proclaims “You’ve been served.” There’s no need- the Marshal doesn’t even need to see you, talk to you or hand you the papers. He or she can do it that way, but rarely does (see below!).
Abode Service for Foreclosure Actions
In Connecticut, service is done by State Marshals. They are professionals. They do not disguise themselves. And they do not want a confrontation when serving papers. They also, in most circumstances including foreclosure actions, do not need to serve a party directly. Instead, they make “abode service.”
Abode service means that a marshal leaves a copy of the foreclosure complaint and relevant court paperwork at your home.
Here’s the breakdown:
• Who receives it: The documents do not need to be given to a person – the papers can simply be left in a secure location at the residence, such as a door handle, under a door jam, or in a mailbox (if it’s a reasonable place for the homeowner to receive mail).
• A key point to understand: While abode service is a valid way to serve documents, it relies on the assumption that the defendant (person being served) will eventually find the documents left at their residence. The Marshal leaves the papers, and then makes an official written statement that you’ve been served. So you’ve been served!
Another popular TV/movie trope is the person being served doing everything they can to “dodge service.” In the real world, you do not want to do this. If avoid being served, or ignore papers left at your door, you might not be aware of the legal action and could miss crucial deadlines to protect your rights.
What It Means to Be Served a Foreclosure Action
Being served – personally or by abode service – is a crucial step toward protecting your due process rights in Connecticut. Here’s why:
• Formal Notification: The formal notification of the lender’s intent to foreclose triggers a specific legal process with deadlines you need to be aware of.
• Right to Respond: Being served allows you to exercise your rights and respond to the court, not the bank. Your rights are protected, the rules of the court lay out time frames and how the matter will proceed. Your response can challenge the validity of the foreclosure or present your case for keeping your home, among other things.
• Opportunity to Mediate: Receiving the papers opens a window for mediation with the lender. It’s a chance to explore options like loan modifications, repayment plans, a short sale and more before an impartial party – a court-assigned mediator or even the judge.
What to Consider When You’ve Been Served a Foreclosure Action
No one thinks being served with foreclosure papers is ideal. It is, however, a necessary step in the process of ensuring that your rights are protected if you are behind on your mortgage and your bank isn’t taking your payments.
Believe it or not, it takes some of the stress out of what has already been a long period of utter uncertainty trying to deal directly with the bank or servicing company.
No more vague threats or hours on hold, the matter is now in court where rules apply, and the process is clearly defined.
And this is where our clients usually call us. “I’ve been served, what do I do now?” We are here to explain the rules, the time limits, the options.
We will work with you, you will never be surprised again. And no more sleepless nights.
