Help me respond to this Weird "summons".
I posted about this yesterday, but just noticed some new things that changed my situation.
A week ago, an officer delivered a Civil Summons to an old address. It was two addresses ago for us, and in another state (It is NC, and we are in SC). Those living there told the officer that we hadn't lived there in a while, and he served them anyway.
They finally got us the paperwork yesterday. Looking it over, it is for an old debt of my husbands. It appears to be from a Collector, and has the mini-miranda on it and such. There is no court date, no contact info for the court.
The odd thing to me is that since we are very close to filing Ch. 7, I know all of the ins-and-outs of our debts, the amounts, who owns what, etc., and according to my records and that of my credit report, this debt is owned by a different CA, and the amount is currently about $2000 more than this summons reflects. On top of that, the "Exhibit" that was included with the summons is a statement from about 2 years ago.
My concern is that (A)-our address is EASILY found by going to White Pages (I checked), and there is no reason that it should have been delivered to an old address. I've heard of CA's doing that on purpose so that you cant respond and a default judgement is brought against you. and (B)-I wonder if this is an old CA still trying to collect on a debt that is no longer theirs.
I'd like to respond to this (obviously) but I'm not sure exactly how to do so or what to say. Like I said, I just need to buy some time really...we are filing VERY soon.
Thanks in advance for your help!!
A week ago, an officer delivered a Civil Summons to an old address. It was two addresses ago for us, and in another state (It is NC, and we are in SC). Those living there told the officer that we hadn't lived there in a while, and he served them anyway.
They finally got us the paperwork yesterday. Looking it over, it is for an old debt of my husbands. It appears to be from a Collector, and has the mini-miranda on it and such. There is no court date, no contact info for the court.
The odd thing to me is that since we are very close to filing Ch. 7, I know all of the ins-and-outs of our debts, the amounts, who owns what, etc., and according to my records and that of my credit report, this debt is owned by a different CA, and the amount is currently about $2000 more than this summons reflects. On top of that, the "Exhibit" that was included with the summons is a statement from about 2 years ago.
My concern is that (A)-our address is EASILY found by going to White Pages (I checked), and there is no reason that it should have been delivered to an old address. I've heard of CA's doing that on purpose so that you cant respond and a default judgement is brought against you. and (B)-I wonder if this is an old CA still trying to collect on a debt that is no longer theirs.
I'd like to respond to this (obviously) but I'm not sure exactly how to do so or what to say. Like I said, I just need to buy some time really...we are filing VERY soon.
Thanks in advance for your help!!
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