Legal Question in Credit and Debt Law in Minnesota
Fake Summons?
My girlfriend was delivered 4 pages stapled together, document stating it is from the State of Minnesota, County of Anoka District Court. I have seen a real summons before, and this one looks pretty good, but I believe it is fake. For one, there is no date. A spot for Court File No: but no number. No address to the court. On the bottom it states a normal collection letter ''This communication is from a debt collector and is an attempt to collect a debt'', which seems to be a dead give-away that it is fake. I've looked online for anything about me in the courts and nothing shows up. Looking up summon documents on MN courts show they cut out a sentence that states ''and is on file with the Clerk of the above named court''. Can someone help me sleep at night knowing this is fake? A search of the ''laywers'' Messerli & Kramer shows nothing but fraud and dirty tactics.
1 Answer from Attorneys
Re: Fake Summons?
It is not "fake" and it is not an improper tactic. However, it does not commence a case unless it is properly served. A summons can be served in a civil matter before it is filed. That would mean no file number is yet available. However, service by mail is not proper.
It is a standard collection procedure to mail a Summons and Complaint in order to compel the debtor to make contact and/or pay the debt. However, it does not commence a case or a litigation. If litigation is commenced, they must re-serve the Sunmmons and Complaint properly, which means personal service.
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