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    mathmaster's Avatar
    mathmaster Posts: 1, Reputation: 1
    New Member

    Oct 25, 2010, 08:20 PM
    I received a court summon that does not belong to me.
    My father (elderly) he received a summon that does not belong to me. And the next day I called a lawyer, from the Plaintiff Lawyer Office. I verified the social security number and it doesn't belong to me, but they keep on sending letters to my home address. Do I have to go to court on the summon date?
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
    Uber Member

    Oct 26, 2010, 01:03 AM
    Hi, mathmaster!

    If it were me, I would be taking any correspondence that I'd received, along with a couple of forms of identification for myself, and show those to the correct people at the court house in order to get the situation straightened out.

    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert

    Oct 26, 2010, 01:46 AM
    You should clear this up, preferably in writing. Isn't there a chance to respond in writing on the summons? What is the debt for, such as credit card or doctor bill, and can you tell if that was a debt possibly incurred by your father? It isn't clear whether this is genuine or a scam (to get money or SSN or both) or if genuine, whether your father has been mixed up with someone of the same name. Don't give out his SSN to anyone without legal advice, but do clear it up before the court date or the plaintiff will win by default and it may just be more difficult to undo any error.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Oct 26, 2010, 03:55 AM

    If it is a real summons with a court and docket, then you have to respond to the summons with a letter of Intent to defend. In the letter you state simply that you are not the person mentioned in the summons and that you have no knowledge of the subject of the suit. Send a copy of this letter to the plaintiff asking for verification of the information.

    If you do not go to court (unless the summons is dismissed) then they will likely get a default judgment against you and the next thing you know you may have your bank accounts frozen or your salary garnished. I know this doesn't seem fair, but you have to follow form.

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