I won't use any business names in this, but I can assure you it is happening right now.
My wife and I both find ourselves disabled and have been for the last 4 years now. We each had a separate VISA account with a major department store name on it. When we coincidentally became disabled at almost the same time, our income took a big hit, to the point that our only income has been Social Security Disability. We have consulted with bankruptcy lawyers and have retained one, but have not been in much of a hurry, as the SSDI is not attachable and we don't have any other assets, other than one car. There have been a couple of judgements (creditors) and we will likely still file, just to get rid of those.
I am posting because this one creditor sued both of us. However, only I was "sort of" served a summons. What I mean is that a legal service company mailed, by regular postage, a copy of the summons to me. No process server ever served me, nor did I receive a summons by certified or registered mail, or by any means in which I would have to sign for it. They never sent anything to my wife at all.
Then, they got a judgement against my wife, using the so-called service of me as the summons for that judgement. It was a "judgement by FAX" process, in which everything is done via FAX machine and the judgement is a summary judgement that they got a couple of months before a scheduled "settlement conference" that was part of the copy of the summons that "I" had received in the mail.
Then, they apparently attempted to do the same process against me, trying to use the same summons, but they made a typographical error on the case number. However, there happened to be another collections case in the local superior court with the incorrect case number they had mis-typed on my complaint and the defendant in that case suddenly discovered that he was being sued by the bank that was trying to sue me (by mistake, he just knew he did not have an account with the bank that was after me), so he filed an answer. When he showed up before a judge, the case was dismissed. Nothing was ever refiled, so as of now, there is no lawsuit or judgment against me.
Now, the attorney who messed all of this up is sending me copies of new filings for interest, plus a writ of execution to attach an account at a bank where I have never had an account. None of these have a recorders stamp on them, so they have not been officially filed with the county recorder. All for a judgment that does not exist.
I periodically look up my name in the case files of the local court and there are no judgements against me. Sometimes I want to contact the plaintiff attorney to tell them how badly they screwed up, but I think I should leave well enough alone at this point????
My wife and I both find ourselves disabled and have been for the last 4 years now. We each had a separate VISA account with a major department store name on it. When we coincidentally became disabled at almost the same time, our income took a big hit, to the point that our only income has been Social Security Disability. We have consulted with bankruptcy lawyers and have retained one, but have not been in much of a hurry, as the SSDI is not attachable and we don't have any other assets, other than one car. There have been a couple of judgements (creditors) and we will likely still file, just to get rid of those.
I am posting because this one creditor sued both of us. However, only I was "sort of" served a summons. What I mean is that a legal service company mailed, by regular postage, a copy of the summons to me. No process server ever served me, nor did I receive a summons by certified or registered mail, or by any means in which I would have to sign for it. They never sent anything to my wife at all.
Then, they got a judgement against my wife, using the so-called service of me as the summons for that judgement. It was a "judgement by FAX" process, in which everything is done via FAX machine and the judgement is a summary judgement that they got a couple of months before a scheduled "settlement conference" that was part of the copy of the summons that "I" had received in the mail.
Then, they apparently attempted to do the same process against me, trying to use the same summons, but they made a typographical error on the case number. However, there happened to be another collections case in the local superior court with the incorrect case number they had mis-typed on my complaint and the defendant in that case suddenly discovered that he was being sued by the bank that was trying to sue me (by mistake, he just knew he did not have an account with the bank that was after me), so he filed an answer. When he showed up before a judge, the case was dismissed. Nothing was ever refiled, so as of now, there is no lawsuit or judgment against me.
Now, the attorney who messed all of this up is sending me copies of new filings for interest, plus a writ of execution to attach an account at a bank where I have never had an account. None of these have a recorders stamp on them, so they have not been officially filed with the county recorder. All for a judgment that does not exist.
I periodically look up my name in the case files of the local court and there are no judgements against me. Sometimes I want to contact the plaintiff attorney to tell them how badly they screwed up, but I think I should leave well enough alone at this point????
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