I was mailed a summons to appear in court on a debt charge the papers, however, were not sent to my home but to a former address from over 9 years ago in a county I don't even live in and they have me going to court in that county. I don't even think this is my debt but maybe someone else used my name and that address because all my creditors have my current address. I am not working and have not been for over 3 years due to health issues I have no assets at all and nothing in my name. What can I do?
It would be risky to ignore it. You can fight the case or file bankruptcy.
It is risky to ignore court documents that you receive.
There are some things you can do, but you would be best off consulting a lawyer.
Mr. Krumbein is admitted to the courts of Virginia. His advice is often based on Virginia and Federal law, however, you should consult a lawyer in your geographic area for more detailed advice.
My friend Mr. Krumbein is correct - don't ignore it. And consulting a lawyer is a very good idea.
A couple of things you can do -
1) Find out if the papers were actually served at that location. It could be that they got back to the court with a 'Not Found' notation which means you weren't there.
2) If, somehow, the papers are/were actually served (they might be 'posted' which is taped to the front door of that address), you can write the court and ask that the case be transferred to your county. (instructions are on the back of the Warrant in Debt). The court doesn't have to do that, however, and might enter a judgement against you instead.
There are other things, but all have risk. A question in my mind is how old is the alleged debt? Maybe it's barred by the statute of limitations. Is the company suing the original creditor or a leech that buys olde debt and then tries to collect? Are they in violation of the Fair Debt Collection Practices Act for suing in a court not where you live?
With all of the above, you need a lawyer to review and advise you of those items and possibly represent you to defend the action.
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