Legal Question in Credit and Debt Law in California
Hello,
today my ex-boyfriend recieved a call from someone sayiing they are taking us to court because I have a past account from 2006 for $ 2000 and that they are taking me to court because of this. When he asked who this was they didnt give any information to him becuase they said we were already served at our residence by the sherriff but that nobody was home and that they are taking us to court, my ex boyfriends name shows up they say becuase we are married (which we are not) and that we make good money (which we dont) and that we are commiting fraud by cheating the system. These people were soo rude and were not ansering any of the questions they only said we will see you in court or if you want to pay $ 2000 but the full amout is $ 4000 we can lower it only half.
I need some type of advice before calling these people myself. they also said they were going to garnish our checks.
2 Answers from Attorneys
Don't call them. It's a scam. Any debt from 2006 could be too old to sue over (unless you were to reset the legal time limit by making a partial payment or a promise to pay).
I would go to the courthouse that covers the area where you live now and where you lived then and search for your name on the docket. If there's no lawsuit, there shouldn't be anything further you need to do. If there is a lawsuit, you or an adult in your residence will have to be personally served and, if it's served on someone else, you will also be mailed a copy of the summons and complaint.
If you should be served, then make sure to file with the court and serve a responsive pleading on the plaintiff's attorney within 30 days.
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