Legal Question in Credit and Debt Law in Missouri

Re: I was served. I am not defendant

It may be too late to Quash service in your County. If you fail to file an Answer, or fail to respond to Discovery requests, Judgement may be taken against YOU. File your Answer and show that you are not the Defendant alleged in the Petition. Call the Attorney for the Plaintiff (creditor) and explain that you are not that person. Provide proof of your identity to them. If they pursue the case aftet that, one of you is wrong. Perhaps someone using the junior name incurred debt using your social security number, or other indetifying information. Do you know who the true defendnt is? Is it a relative of yours? Perhaps the Plaintiff is alleging that you are a guarantor of Junior's debt. Without full information, it is impossible to give advice as to exactly what you should do. But, if you show that you are not the defendant who allegedly incurred the debt, you can puruse an action against a collector who tries to collect against you. But, be sure you are correct, before failing to respond to any requests for information.

Perhaps you can hire an attorney to assist you in getting yourself out of this case. It would probably be cheaper than mistakenly making yourself liable for another person's debt.

Good Luck and let me knwo if I can be of further assistance.

Re: I was served. I am not defendant

You should show up again and tell the judge you're moving to quash service. Bring your license and birth certificate and ask the court to take notice of those documents indicating that you are not the person named on the summons.

Tell the judge you are doing your best to help the plaintiff by telling them that they have bad service. You're not trying to obstruct service. But they have the wrong guy, and at the time you first appeared you were not aware of the Jr./Sr. issue and the birth dates.

The judge should grant your motion.

Good luck

Re: I was served. I am not defendant

Call the plaintiff's attorney and explain this to him or her. Maybe they will agree to dismiss you from the lawsuit. If not, ask the judge to set the case for trial. They won't be able to prove their case against you, will they? Then you can sue them for malicious prosecution. Good luck.