Thank you and I apologize for the delay; I have been unable to get a lock on the question to respond.
So if a person is not properly served, the court does not have jurisdiction unless the party waives that and makes an appearance. While instinctually one may think it is a good idea to contest service, normally that is not so because the plaintiff , if successful on the lawsuit , can actually requests attorney fees and costs, including cost of service of process- so the defendant may ultimately end up paying for it.
so basically, if one has a defense to the lawsuit, that can be asserted- it is called an affirmative defense; then the court can dismiss the lawsuit with prejudice, meaning the collector cannot refile it at a later date. Also, one can contact the collector and explain the situation, requesting a dismissal based on the affirmative defense. If the collector realizes they will not receive any money, they are likely to dismiss the lawsuit.
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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.