Legal Question in Credit and Debt Law in Massachusetts

Summons for credit card debt... mailed to wrong address

I have recently been mailed a complaint summons for unpaid credit card debt. They mailed it to an old address and I just got the news ( now I'm past the answer date by about 2 weeks ). I have been divorced for 3.5 years, have 2 kids that I pay child support for every month and have been struggling to get my life back together ( lost a good job at the same time as I was getting a divorce... my company went under ). I have been a freelance designer for 3 years now and the money has been sporadic at best. I now have a good, fulltime job, but am still getting my finances together... I dont have enough $ to hire a lawyer at the moment at all ( barely enough to pay my bills at the moment, until I get more settled, and nobody to borrow from at all )... now that I'm late AND low on $... what do I do??


Asked on 8/15/07, 6:11 am

1 Answer from Attorneys
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Summons for credit card debt... mailed to wrong address

Pursuant to Massachusetts Rules of Civil Procedure 4(d), a writ, civil summons and complaint must be served upon the defendant ( the person being sued) at his/her last and usual abode or in hand. If the plaintiff ( the person suing ) did not follow this rule, the defendant is not subject to the power and jurisdiction of the court and can file a motion pursuant to Massachusetts Rules of Civil Procedure 12(b)(2) dismissing the lawsuit. Please feel free to contact my office for a free consult based on the facts of your specific situation.

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Answered on 8/15/07, 10:24 am


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