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    Bryony's Avatar
    Bryony Posts: 4, Reputation: 1
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    #1

    Mar 24, 2008, 09:57 AM
    Court Summons Delievered To Wrong Person
    I had a summons for debt collection delivered for me to the wrong house and the wrong person. I am just wondering the validity of the summons and what my next step of action is.
    Credendovidis's Avatar
    Credendovidis Posts: 1,593, Reputation: 66
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    #2

    Mar 24, 2008, 10:02 AM
    Quote Originally Posted by Bryony
    I had a summons for debt collection delivered for me to the wrong house and the wrong person. I am just wondering the validity of the summons and what my next step of action is.
    Whatever the legalities are : why not contact them and make a proper payment arrangement, or go to court if you disagree with the demand?
    ;)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Mar 24, 2008, 10:14 AM
    Quote Originally Posted by Bryony
    I had a summons for debt collection delivered for me to the wrong house and the wrong person. I am just wondering the validity of the summons and what my next step of action is.

    It's in your hands. I've seen the good service/bad service argument go both ways in similar circumstances.

    If you do not respond you will have a Judgment against you. If you don't want a Judgment against you, then you will have to set it aside for bad service - after some time and trouble - and then they will serve you again.

    If you do respond and argue bad service you will be served again - properly.

    The only way to end the problem is to pay the debt - that failing, go to Court, argue bad service, win the argument and wait for good service.

    And why did the wrong person in the wrong house (I would assume your name is correct - ?) accept service? Maybe I don't have enough info to know for sure what's going on.
    Bryony's Avatar
    Bryony Posts: 4, Reputation: 1
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    #4

    Mar 24, 2008, 10:20 AM
    Quote Originally Posted by JudyKayTee
    It's in your hands. I've seen the good service/bad service argument go both ways in similar circumstances.

    If you do not respond you will have a Judgment against you. If you don't want a Judgment against you, then you will have to set it aside for bad service - after some time and trouble - and then they will serve you again.

    If you do respond and argue bad service you will be served again - properly.

    The only way to end the problem is to pay the debt - that failing, go to Court, argue bad service, win the argument and wait for good service.

    And why did the wrong person in the wrong house (I would assume your name is correct - ?) accept service? Maybe I don't have enough info to know for sure what's going on.
    Because my name and my dad's name are very similar and hard to pronouce so when the server stumbled over the name, he assumed he was trying to say his name.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Mar 24, 2008, 10:21 AM
    Quote Originally Posted by Bryony
    Because my name and my dad's name are very similar and hard to pronouce so when the server stumbled over the name, he assumed he was trying to say his name.


    Hmm - well, the papers got to you and so I wouldn't just let it slide. You either have to appear and argue bad service or appear with some other defense or pay.

    I don't see much of a choice.
    Bryony's Avatar
    Bryony Posts: 4, Reputation: 1
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    #6

    Mar 24, 2008, 10:25 AM
    I agree, the debt needs to be paid. I had attempted to pay it awhile ago but they wouldn't only except payment in full. Hopefully they will be willing to set up a payment agreement.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 24, 2008, 10:58 AM
    As Judy points out the service issue is moot because you have received the summons. If you don't respond, they get a default judgement. If you do respond, then you acknowledge service.

    There are lots of threads in this and the Bankruptcy and Debt forums that offer advice on how to proceed in answering such a summons.
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