Legal Question in Credit and Debt Law in Georgia
recieved a couple of phone voicemails about a documention to be sent to clerks office for my wife in GA. with the case number,it say she must respond and give then the documention number..call # 2 says was to me in reference to my wife with same documantion number,and says if not contacted in next twenty four hours with be sent to clerks office to be sent to her address in Ga., and the call was to me in reference to my wife in Ga....I have been living in N.C for a year now. Would have have any idea what this may concern and wheather it for her or myself...
Thanks so much for your help
Allen
1 Answer from Attorneys
Allen,
While you have posted a few more details, I still don't understand. Are you married and living with your wife in NC? If not, why are you in NC and why is she in GA?
Second, this sounds suspicious like a scam or calls from a debt collector. Lawsuits are either commenced or they are not, but you don't get calls about it. I would not be sending any documentation to anyone. If there is a real docket number, call the clerk of court where the case is allegedly pending or have your wife call and see if there is indeed a lawsuit against her.
I suspect that its a debt collector who is either trying to locate your wife (if this is her debt) or someone has used her identity or the real debtor may have the same or a similar sounding name as your wife or maybe its a payday lender. Either way, if you don't call the collector back, they can do nothing except if they own the debt, hire a collection attorney, or return the debt as uncollectible to the creditor who owns the debt and that creditor will hire an attorney. Lawsuits are not commenced by sending stuff to the clerk of court. The creditor's attorney does that by filing a complaint in the court. Most attorneys that collect debts first send the debtor a letter however rather than just file suit. It costs money to sue which the client has to pay for.
Don't be intimidated by the phone calls. Time to have a frank discussion with your wife and make sure that this is not some kind of payday loan or other debt she took out. If you have caller id, write down the number of the person calling and do a search on it. Very often you will find out who is calling from that number. Once you know the identity of the person calling, you can make a fairly educated guess as to what they are calling about. And once you know, you will be able to make a better decision as to what to do.