Ask Me Help Desk - Court summons for debt - they have the wrong person

I have received a court summons that I am being sued for debt collection from a particular bank. Due to my common name, the bank has the wrong person. I have never had an account with this bank, have recently checked my credit report for fraudulent activity (didn't see anything unusual), and have an excellent credit rating. This company obviously has the wrong person. How can they sue someone just based off your name? Shouldn’t they have to prove that you are the person they are looking for before trying to sue you? Why should I have to defend myself against a company which I have never associated with credit wise? A response is due within 20 days - what is the proper way to respond to this? Thanks for any help you can provide.

Quote:

Originally Posted by Fall16

I have received a court summons that I am being sued for debt collection from a particular bank. Due to my common name, the bank has the wrong person. I have never had an account with this bank, have recently checked my credit report for fraudulent activity (didn't see anything unusual), and have an excellent credit rating. This company obviously has the wrong person. How can they sue someone just based off of your name? Shouldn’t they have to prove that you are the person they are looking for before trying to sue you? Why should I have to defend myself against a company which I have never associated with credit wise? A response is due within 20 days - what is the proper way to respond to this? Thanks for any help you can provide.

The most important thing is that if you DON'T respond there will be a default Judgment - now, will it be against you or the right person? I don't know.

I would send a notarized letter, certified mail, to the Court AND to the person suing (probably a law firm) and tell them it's not you. Have you been confused with someone with the same name before?

If you don't get notification that it's been dropped you will have to go to Court to defend yourself, taking proof of address, proof of signature - usually driver's license, proof of SS number.

No, they don't have to - unfortunately - prove they have the right or wrong person. That's what the Court system is for. If it's a legitimate error, then they probably just looked you up on the Internet. I'm surprised they didn't cross reference by Social Security numbers but one of your arguments is that you never received any information about this debt - what have they been using as an address?

You could respond formally if you would like but I don't think I would.

Thanks JudyKayTee. I have had this problem in the past, it usually telephone collectors and a few things in the mail. On the phone one the debt collectors revealed the middle initial of the person they are looking for and it does not match mine. Theses collectors always want me to give them the last four digits of my SS# to prove that I am not the person they are looking for. I am of wary of this though and have refused to give it to them. The mail I send back "Return to Sender".

Quote:

Originally Posted by Fall16

Thanks JudyKayTee. I have had this problem in the past, it usually telephone collectors and a few things in the mail. On the phone one the debt collectors revealed the middle initial of the person they are looking for and it does not match mine. Theses collectors always want me to give them the last four digits of my SS# to prove that I am not the person they are looking for. I am of wary of this though and have refused to give it to them. The mail I send back "Return to Sender".

Wow - the other person with your name must have a busy and exciting life - :)

Smart not to give your SS over the phone.

I think you have to respond and see what happens next.

Aggravating you have to spend the time defending yourself against false claims.

Just to clarify - A notarized letter stating that they have contacted the wrong person should be a sufficient response to the summons as far as the court is concerned? Should I contact the court to see if this is acceptable? Thanks for all your help, JudyKayTee.

First, they do not have to prove they have the right person to file suit. Second, I would respond to the court with a note stating your Intent to Defend the suit. In that note state that you have never done business with this bank and, due to your common name, you believe this is a case of mistaken identity.

Send a copy of the note to the plaintiff asking for verification that this is your debt.

If they indeed are suing the wrong person, and OP has to take the time to defend this and get it dropped can they not countersue for lost wages, and any expenses they incur as a result?

What do you guys think?

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Originally Posted by rockinmommy

If they indeed are suing the wrong person, and OP has to take the time to defend this and get it dropped can they not countersue for lost wages, and any expenses they incur as a result?

What do you guys think?

I don't see a lawsuit if it's a mistake, not deliberate. That's why I asked about previous notices/letters/calls about this debt. If there was previous contact and the OP notified the creditor or the collection company of the error and they persisted, well, then I think it's different.

But then it rises to damages and the logistics.

If you are not the Defendant you can't countersue against the Plaintiff because you have no legal standing (because you are not the Defendant).