Legal Question in Credit and Debt Law in District of Columbia
Summons Question
My step-father received a summons for me at his home in NY where I have not lived in 10 years and did not live when I incurred the debt. I have lived in D.C. for the past year and lived in Pennsylvania for the previous 3 years. The original debt was incurred in New York State. Was service proper? What should my next step be?
1 Answer from Attorneys
Re: Summons Question
No, service apparently has not been proper since the summons has been served at a wrong address which was not your residence. You should do nothing that will afford the creditor or his representative an opportunity to correct their mistake prior to the scheduled hearing in the matter.
You can then write a letter to the New York court explaining that you have not been properly served in the matter and therefore it should be dismissed or, if judgment has already been entered against you, that it should be set aside or vacated for lack of proper service. (You can use a P.O Box or some other adress in D.C. as your return address.)