Because the FDCPA applies only to debt collectors, it is useful to look at the narrow exceptions to FDCPA coverage. For purposes of applying the FDCPA, process servers are specifically and narrowly excluded. A process server is not a debt collector while serving or attempting to serve legal process in connection with the judicial enforcement of a debt.
Process servers are protected from FDCPA coverage only while they attempt to serve process. This may not exempt a process server if, in addition to attempting to serve process, the process server sought repayment of the debt, particularly if collection were a regular aspect of the services is provided.
If you are served it is important to document the substance of your conversation with your process server. Please contact our offices immediately if you are served so that we can evaluate your case for potential FDCPA violations. We would be happy to not only evaluate services but the complaint and summons as well at one of our Washington offices in Seattle or Vancouver, or at one of our Oregon offices in either Portland or Salem.