I live in a different state but my parents were served with a summons to me in regards to a debt collection issue. Apparently I owe a debt. It is only six pages that looks like it was printed off MS Word. There is no court stamp, no docket, no court date and pretty much looks like some generic cut-and-paste print off. At the bottom it says that it is a communication from a debt collector. I have seen a Complaint before and this does not look real to me. Yet my parents say it was served by a Sheriff? It was at night so it could of been a clown for all I know and I wasn't there (in another state). Anyways, is this real? Is this even legal for an attorney to do this? My father is going for heart surgery on Monday - this type of thing WILL NOT help him!
You don't indicate the state in which the lawsuit was filed. In some states, unlike California, the summons and complaint do not have any court stamp. However, the papers ought to contain at least a case number so that you can respond to it in the proper court.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
Some debt collectors "serve" fake court papers to get you to pay them. If so that may be a violation of FDCPA. Talk to a Debt Collection Harassment lawyer near you right away so you can show them the papers and find out for sure what your rights are. If this answer was helpful, please give it a Vote Up review below - and Good Luck.
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I agree with my colleagues. Based on the information you can gather on the Summons and Complaint, you may be able to search for the case in the court's online records, and verify it. The Summons and Complaint would certainly contain the name and address of the Plaintiff or Plaintiff's attorney, and you can contact them for clarification. You should immediately consult your own attorney to protect your legal rights.
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