just want out Posted July 30, 2007 Report Share Posted July 30, 2007 I have learned through internet means that I recently had an alias summons issed on me for a debt that meets dismissal under SOL. #1 - How do you answer a summons or complaint when you never recievd it? (I don't want it to go to an automatic judgement) # 2 - Assuming I get a copy of the complaint - Would a standard Motion for Dismissal solve this? # 3 - I have no contact info for the filing Attorney - should I go through the CC Company and try to get this resolved? I guess I need help with ''how to approach this'' Link to comment Share on other sites More sharing options...
QMAX21 Posted July 30, 2007 Report Share Posted July 30, 2007 Hi Friend,I've dealt with the same issue in a previous case. Basically you go to court and file a standard motion for dismissal. and you will get a court date. Basically, if you have your case file, then the copy of the summons should be present in it, here you can look at who they delivered the summons to. If they claimed that someone in your household received it, and didnt, you must get a signed affadavit statement saying that they acknowledge that they received no such summon.You can bring this with you to court or bring the witness to court. Also you mentioned the SOL, has this past? If so then they can't bring a lawsuit against you. If not then you must present your answer to the complaint, a motion for dismissal, and then show up for court, with signed affadavits bearing that whoever received the summons actually didn't or use them as witnesses. It worked for me and I got my case dismissed and default judgment removed from my credit report.I have learned through internet means that I recently had an alias summons issed on me for a debt that meets dismissal under SOL. #1 - How do you answer a summons or complaint when you never recievd it? (I don't want it to go to an automatic judgement) # 2 - Assuming I get a copy of the complaint - Would a standard Motion for Dismissal solve this? # 3 - I have no contact info for the filing Attorney - should I go through the CC Company and try to get this resolved? I guess I need help with ''how to approach this'' Link to comment Share on other sites More sharing options...
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