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    aprilkayyy's Avatar
    aprilkayyy Posts: 2, Reputation: 1
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    #1

    Aug 28, 2010, 09:50 PM
    Court summons sent to the wrong house
    Earlier today, my roommate received a court summons to pay a debt for our home owners association fees. She did not accept the documents at first because the man delivering it had the wrong name, but specifically named our house address as the condo in question. I bought my condo in April of 2009, did a title search (to make sure there weren't any liens on the property), and paid the amount in full with cash. I have paid my HOA fees on time every month since then. He told her regardless of the name, whoever is the homeowner is responsible for any liens made on the house. After accepting the package, she opened it and discovered that the address was wrong. Our address number is 3432 (building 21) and it was supposed to go to 3242 (building 40). This is a common mistake in our neighborhood because the building numbers and street numbers can be confusing. My question is: how do I properly handle this documentation? Should I call the lawyer who sent out the summons or give it to the HOA office?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Aug 28, 2010, 11:08 PM

    I would call the lawyer. Tell him his process server seems to have made a mistake.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 29, 2010, 04:29 AM

    I would also give it to the correct person, though this would not constitute valid service. But they should be made aware of the suit rather then have a default judgment entered against them.
    aprilkayyy's Avatar
    aprilkayyy Posts: 2, Reputation: 1
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    #4

    Aug 29, 2010, 07:41 AM

    Thanks for your response. It's a Sunday, so I can't call the lawyer today so I guess I will do it tomorrow to have them resend the papers. I don't want to personally deliver these types of papers because I don't really want to get involved... I don't know how they will react to the news. But thanks :).
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Aug 29, 2010, 12:20 PM
    Quote Originally Posted by aprilkayyy View Post
    ... I don't want to personally deliver these types of papers because I don't really want to get involved... I don't know how they will react to the news. But thanks :).
    I understand that. And from a "legal" point of view, it's none of your business and you have no obligation to do anything. So that's why I said what I said earlier. But look at it from your neighbor's point-of-view. If you were your neighbor would you want to know about it?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 29, 2010, 12:32 PM
    Quote Originally Posted by AK lawyer View Post
    If you were your neigbor would you want to know about it?
    That was my feeling.

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