[INFINITEEFX45]

A friend of mine called me yesterday evening telling me that her bank accounts were levied due to judgements on defaulted credit cards. According to her, she says that she NEVER received any correspondences on these accounts for summons to appear in court; nor was she served a subpoena. According to the lawsuit, they claim that she DID receive the notifications and in fact one of the summons were sent and signed by a person at an address that she does not even live at.

My theory to here is that since she has a verrry common name (kinda like how there are a million "john smiths" out there); the creditor might have sent summons and notifications to the wrong persons and might have moved forward with default judgements. Am I right to assume this? What exactly is the process of bank levys being put into place? Is there not a subpoena, or do they just send a court summons in the mail, assuming you get it? And if they do send a summons in the mail, what proof do they have that you received it?

I can understand how many people can get levys on their bank accounts as judgements against them-the failure of certifying that the correct person was notified.

With all of that being said, I, myself have recalled receiving a letter about being sued for an outstanding credit card debt. I don't remember which credit card it was for and am not sure what the terminology of the letter stated; I know there was an allotted time to respond, but I am not sure what the consequences entailed (garnishment, levy, etc.). I think I may have receive this letter in September 2007 and now it is January 2008; should I be worried about a bank placed levy, or is there some other notification or certified mail that they send as a second notice? My point is, since it was sent in regular mail, I never did take it seriously, so I just set the paper aside and obviously lost it somewhere... there has got to be some other way that these summons can be served in a much more certified way; the mail man could've easily lost it or the mail couldve been misdelivered- although debt is owed, there has got to be some way that protects us from these "default judgements" if we don't get proper notification and certified ones at that... I would hate to be the next person this happens to *knock on wood*. Please help. Thanks.

[s_cianci]

Certainly mistaken identity is always a possibility. Your friend should file a motion with the court to vacate judgement due to improper service. Typically summonses are sent to the defendant by both traditional "snail-mail" and certified mail, return receipt requested. The return receipt, if signed, constitutes "proof" that the notice was received. However, once a summons has been mailed, if the defendant fails to respond either prior to or on the scheduled court date, most judges will presume that the notice was received and proceed with a default judgement.

[INFINITEEFX45]

Thanks for your quick answer. I agree with what you are saying. Again, snail mail does not provide proof, however certified mail does. All I have received are just pieces of mail and nothing certified requesting my signature. **knock on wood**. Thanks, have a nice weekend. I will advise my friend of your suggestions. ;)