Legal Question in Credit and Debt Law in California
Summons for debt I don't owe
I am being sued for a debt that is not mine. I've talked with the law firm 2 times prior to the law suit being filed where we verified that the SSN and middle name do NOT match mine. Each time I was ''assured'' (verbally) that my address would be removed from their system and ''not to worry about it''. A week ago, I recieved a summons. When I called them again, I got the same ''it's not you so just ignore it''. When I asked for some written proof that I could ''ignore it'', they stated that since I wasn't the right person, they couldn't provide that. Needless to say, I don't have much faith in what they are telling me. Can anyone direct me to the right course of action that will preserve my integrity and sanity? Thank you!
2 Answers from Attorneys
Re: Summons for debt I don't owe
Mr. Cohen's advice is 100% correct. Despite your prior denials, they still have you in their sights as a target. Until you have something in writing from the confirming that you are not the party sought to be held liable, preferably a request for dismissal, you cannnot ignore this.
My office is in San Diego County, so fee free contact me if you need further assistance with this matter.
Re: Summons for debt I don't owe
Do not ignore a summons and complaint. They will get a default judgment against you and then levy against your wages and bank account. Please contact an attorney to deal with this issue. There are ways to obtain documents early on in a lawsuit to pin down the fact that it's not you. If they have no documents, an attorney can file a motion for summary judgment to have the case dismissed for good. Often, before the motion is heard, the plaintiff will dismiss the case rather than face humiliation before the court and possibly having to pay your attorney's fees.
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