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    Teasdale's Avatar
    Teasdale Posts: 3, Reputation: 1
    New Member
     
    #1

    May 21, 2009, 07:50 PM
    Sumons left for another person at my home
    Came home to find a summons.
    Name on summons isn't ours but the house number on the summons is ours.

    Also discovered that the process server opened our front door and entered the home and left the summons on the entry way floor. We were not home, but a construction crew was working at the home, but did not invite him in.

    I was told this by the construction crew that was working on our home while we were out of town.

    1. I know the person on the summons, they live about an hour away in another county in Virginia. They have always lived at another address, but did stay at our home briefly last year.

    The summons is for past due credit card balance. It's from our county court, but the person listed on the summons does not live in this jurisdiction and never has.

    What happens when the court date arrives in our county and the person is not in court?

    Should I contact the court and give them the above facts?

    Thanks for any advice.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    May 22, 2009, 06:12 AM

    Send it back to the Plaintiff/creditor with a letter that the Defendant/debtor does NOT reside at your residence and no one accepted service on his behalf. Send it certified mail, receipt, copy to the Court. And send it now - a default Judgment will be granted against your friend if you do not advise the Court he has not been served and then you will have some responsibility when he appeals the Judgment. Get out from under this now by informing the parties.

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