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  1. #1
    Join Date
    Aug 2012
    Posts
    2

    Default Sued Over a Debt, Wrong Name on the Summons

    My question involves collection proceedings in the State of: California

    My mom was handed a lawsuit summons by someone who knocked on her door. He asked if she was "so-and-so" and she said no, and gave her legal name which is similar but not the same (e.g Marie T. Smith in the summons vs her name Maria Smith--no middle name). He handed her the paperwork and simply walked away.
    The named Plaintiff Midland Funding LLC apparently collected a debt for $9024.05 from GE Money Bank and provided the last 4 digits of some account (reference?) number. The address on the summons IS that of her residence.
    My mom has never had any unpaid debts. She's never dealt with or been in any contract with GE Money Bank or any of its divisions. She's never had a credit card or any lines of credit for any purchases and she's unfamiliar with any account ending in that 4-digit number.
    Any advise you can provided would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: Sued Over a Debt, Wrong Name on the Summons

    A minor clerical error in the plaintiff's name is not going to defeat service - if mom is the proper defendant, she has been served.

    The larger question is whether or not this is her debt. It is possible that with a name as generic as the one you use in your example, the debt collector is suing her over somebody else's debt. (My name is not all that common, but I once received a collection call looking for somebody with my name (different middle initial) and the same model of car - they were behind on their payments and the creditor found my phone number and "assumed".)

    Mom can get a copy of her credit report(s) (the free official site is here) and see if this debt is listed. An entry might also give her enough information to remember borrowing the money, or to help clarify that it's not her debt. Note, creditors don't have to report debts so even if nothing is listed the debt may still be hers.

    Note that she does not want to default on the debt. She needs to make sure she files a timely answer and affirmative defenses (or a motion that would toll the time for filing her answer).

  3. #3
    Join Date
    Aug 2012
    Posts
    2

    Default Re: Sued Over a Debt, Wrong Name on the Summons

    Quote Quoting Mr. Knowitall
    View Post
    A minor clerical error in the plaintiff's name is not going to defeat service - if mom is the proper defendant, she has been served.

    The larger question is whether or not this is her debt. It is possible that with a name as generic as the one you use in your example, the debt collector is suing her over somebody else's debt. (My name is not all that common, but I once received a collection call looking for somebody with my name (different middle initial) and the same model of car - they were behind on their payments and the creditor found my phone number and "assumed".)

    Mom can get a copy of her credit report(s) (the free official site is here) and see if this debt is listed. An entry might also give her enough information to remember borrowing the money, or to help clarify that it's not her debt. Note, creditors don't have to report debts so even if nothing is listed the debt may still be hers.

    Note that she does not want to default on the debt. She needs to make sure she files a timely answer and affirmative defenses (or a motion that would toll the time for filing her answer).
    thanks for your response Mr K. couple of items I forgot to mention.
    that's not her real name, I used it as an example. her real name is not that common. "Smith" (again, example) was her married name but she legally changed it back to her maiden name long before the time period of this alleged debt.
    also, it really can't be her debt BC I handle all her finances. everything I've read about the plaintiff has "fraudulent lawsuits " written all over it so I will be checking her credit.

    - - - Updated - - -

    depending on what I find on her credit, what constitutes an affirmative defense? (sorry not very familiar with the law)
    I thought of writing the plaintiffs attorney and CCing the court that they've sent these docs to the wrong individual.

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