[jimmy1972]

I've been getting phone calls from a collection agency since last year. The person they are looking for has the similar name and has a different middle initial. The SSN on their file is different than mine too. I told them it wasn't me but no avail. They just kept calling my number.

About 2 months ago, I got a letter from a property management company saying that I owe them about $1200 for the two month's rent in last year. I told them that whoever they are looking for is not me and I did not live there during that time. (BTW, this was my old apartment where I lived there for 6 month about 5 years ago. Again, the apartment number on their file was different than where I lived in). They asked me to fax a copy of driver's license and SSN card. I told them I don't want to provide my personal information to them. That was the end of the phone call.

About a week ago, I got served from the Small Claims court. What do I do now?
I guess what I'm asking is...

1. Do I need to show up in the court room? What happens if I don't.
2. What's going to happen to my credit report? I haven't checked, but I don't think the lien is going to go on my record because the SSN is different.
3. Should I go to the court and say that it's not me? What documents should I bring with me?
4. Can I counter sue for the hours missing from work?

Thank you for reading the long message...
And replying...

[ScottGem]

You file an Intent to Defend with the court on the grounds of mistaken identity. You send a copy of that Intent to Defend letter to the plaintiff asking them to produce verification of the debt. You go to court and argue that the documentation (if produced) is not yours and ask the case be dismissed.

They have to prove that it is you, not the other way around, but bring any documentation showing where you lived during the time in question.

And yes, you can countersue for expenses.