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Mistaken identity on debt
I was served with a complaint for a debt that I never incurred. This is a debt that was incurred in 2000 by a person with my same name, but I did not live in Florida in 2000. They have no documentation attached. My step son accepted the paperwork and did not let me know until yesterday and he was served on 9/26/12. Should I contact the attorneys or just submit my answer to the Court. I don't want to have to go to mediation and waste time for a debt that is not mine. HELP
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I would contact the attorneys and tell them the debt is not yours. Do not give them any personal information. For example, do not offer your social security number (they will just stick it in their document and try to use it as proof that the debt is yours).
Tell them, "you have the wrong person - I did not live there". They will ask for identifying information probably and you have to say, "well, I don't give that out but you could tell me the last four of the social security number and I will tell you if it's mine" You might have to go to court to verify that they are going after the wrong person. The burden to prove it's you is on them, so again - do not give them ANY identifying information. Many of these agencies and attorneys are very corrupt - they just find someone with the right name and go after them relentlessly, knowing it's the wrong person. I actually work for a law firm and there's a collection agency that calls our office line several times a day trying to get my boss to cover a debt for someone who never worked here, who we never heard of - they are harassing a lawyer, for Pete's sake. |
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When is the answer due? Since your son screwed you by waiting so long, you need to make sure the answer is submitted to the court in time. Don't waste time contacting the lawyers, they won't believe you.
After you get your answer into the court, send a copy to the plaintiff asking them to dismiss the complaint since they have mistaken you for someone with a similar name. If they refuse, then you go to court and make them prove the debt is yours. |
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