mrsmilitary Posted November 15, 2007 Report Share Posted November 15, 2007 I received notice today from my mother that a summons for me was taped on her front door. It looks like I'm being sued by Charter One bank in regards to a bank account I supposedly had with them, but one I've never done business with them and two the bank no longer exists.My mother lives in Albany, NY and I live in MD. I've lived here since 2005, and zero correspondence goes to my mother's home. All addresses on record, including my CR's and with the IRS have my MD address listed. I know very little about this summons, because the legalese my mother is reading from the document does not make sense--I need to see it for myself.The document is dated 10/19/2007 but was taped on her front door this morning (November 14) while her and my dad were at work. The notice said that I have 30 days to answer. She is sending me the paperwork, but I have no idea how to proceed with this.Is there any way that I can call the county clerk's office to find out what's going on? Can I have an automatic judgement placed against me because I didn't respond (even though I've never been contacted by the supposed OC or a CA related to them)? How do I answer the summons? Will I need to go up to NY to appear in court? I'm scared to death and any advice would be appreciated. Link to comment Share on other sites More sharing options...
BMN Posted November 15, 2007 Report Share Posted November 15, 2007 There are alot more experienced people than me on this site, but if it was me I would first find out if it is a legitimate summons and that they have the correct person/information. It could be a fake with an intent to illicit an emotional response by who ever owns the debt, I have heard of that before. I would call the Court Clerk in the county which the summons was originated "ASAP" and see if it was properly filed, if it is legitimate, ask for whatever forms are needed to provide the court with your existing address and that it was served in a state that you do not live in so that they do not get a default judgement against you. The summons should be stamped by the court if it is a legitimate summons. Maybe someone here can let you know what the laws are in your area about being sued in the state that the contract/agreement was made versus where you currently live.? An expedient DV letter might be a good idea as well. Link to comment Share on other sites More sharing options...
StressPot Posted November 15, 2007 Report Share Posted November 15, 2007 At this stage, DV'ing will more then likely not help you.The service and jurisdiction are, in my limited experience, all wrong since you do not live in the state and county they are suing you in. If you do not respond, they can get an automatic judgement. That does not mean the judgement would stick. Should you respond? I don't know - personally I wouldn't. Here's an example...They file in NY and win a default. To enforce it, they would have to domesticate to MD. When that happens, you can file with the courts for improper service and have the judgement disappear.Relax, for now I think the attorney suing you is about 4 short of a six pack. You came to the right place.What I would do - let them waste their time and money doing this knowing I can get the whole thing thrown out. I know I will be corrected if I made incorrect statements in this post of mine. Can anyone with more knowledge/experience help?StressPot Link to comment Share on other sites More sharing options...
mrsmilitary Posted November 15, 2007 Author Report Share Posted November 15, 2007 Thanks so much! I thought the service was all kinds of wrong. My parents are sending me the summons that they received. Should I file with NY courts after the judgement for improper service, or just wait until the judement gets domesticated to MD? Am I guaranteed to have the judgement domesticated to MD?Also, I called the court clerk's office today, and they can't find me listed for pending cases or recent judgements. I was told that I called felony court, so I don't know if I should bother calling the county clerk to see if they have information about filings that may be in another court in the county? Also, I checked the NY unified court system civil supreme court online records system, and they have nothing either. Is my best option at the moment to sit back and wait? Link to comment Share on other sites More sharing options...
Textoy Posted November 15, 2007 Report Share Posted November 15, 2007 You can sit back and wait but,The default judgment will most likely end up on CR.You may suffer the results on your CR for 10 years or so (depends on state laws).Not sure if that is the best course of action.I do not know the right course of action, but ignoring it does not sound like the best approach, thats is, if your CR means anything to you. Hopefully one of the more knowledgeable people about lawsuits and such well speak up.Something else to consider, your name indicates your asociated with the military. If you are in the military AND have a security clearance, you can LOSE that clearance for unpaid bills/collections/judgements. Lose the clearance and your out of the military. Good luck and be careful Link to comment Share on other sites More sharing options...
mrsmilitary Posted November 15, 2007 Author Report Share Posted November 15, 2007 Thanks, DH is military, not me. Of course my CR means a lot to me, otherwise I wouldn't be here. My issue is I don't know how to answer the summons because I live in MD, the summons was issued in NY. Link to comment Share on other sites More sharing options...
mrsmilitary Posted November 15, 2007 Author Report Share Posted November 15, 2007 *update*I spoke with the district court clerk (in NY) and she found my pending case. She told me to have my parents mark the letter that will be sent by the company that is suing me "return to sender, not at this address" because a summons that is taped to a door must have a letter sent by the plaintiff to the defendant in order to qualify as service (I hope that makes sense the way I wrote it). So as long as the plaintiff receives the "return to sender" envelope, then there is technically no service and the case has to be dismissed. She was really helpful.But now I wonder...can/will they come after me in MD? Link to comment Share on other sites More sharing options...
Textoy Posted November 15, 2007 Report Share Posted November 15, 2007 See, was well worth the call though whether the plantiff follows the rules is anybodies guess. Now, you have time to work think through all of this. Your mom is sending you the documentation which allows you to see what is being said. Ask yourself some questions such as:1) Did you cosign for anybody that you are now liable for?2) Any old credit cards you had that this could be about?If you absolutly sure that you never incurred anything about this debt then then you need to get your ducks in line with a little history documentation so you can proof you couldn't have been the person who made the debt. Yes, it's protecting yourself. I belief there may also be assistance available via the military. Don't be ashamed to ask. This is an instance where you are the abused party.Stay calm and research your options with the time you have been given. If they do come a knocking you will be prepared to push back. Link to comment Share on other sites More sharing options...
mrsmilitary Posted November 15, 2007 Author Report Share Posted November 15, 2007 Thanks so much. The only thing that I ever had with this bank was an account with my dad from when I was 4 or 5 years old that was closed (to the best of my knowledge) when I was about 10. I'm hoping they're not trying to come at me for that . But I'll do some more research here in the meantime, so I can be prepared with the best response possible. Thanks again Link to comment Share on other sites More sharing options...
pbpb Posted November 16, 2007 Report Share Posted November 16, 2007 Should Mrsmilitary have her parents return the letter and have it sent certified return receipt requested just to protect herself? Link to comment Share on other sites More sharing options...
merkurfan Posted November 16, 2007 Report Share Posted November 16, 2007 No pbpb, when was the last time you did that with someones mail you did not know? Heck, I get mail for the last renter of my place and I tend to just toss it in the trash. CMRRR on a returned letter would be a HUGE red flag. Link to comment Share on other sites More sharing options...
pbpb Posted November 16, 2007 Report Share Posted November 16, 2007 Ohhhh, I get it. I hadn't thought of that.Since she was worried about her credit report I was considering that a clever collector could falsely claim that he never received the returned letter and then have a judgment issued against her.Thanks for the insight, M. PS. I completely admit to being neglectful of a few credit cards but I didn't think I'd be wising up in so many other ways. It may take awhile for me to start tossing out someone else's mail with wild abandon, though! Link to comment Share on other sites More sharing options...
direred Posted November 16, 2007 Report Share Posted November 16, 2007 The way it's responded to in California is a limited appearance for a motion to quash service of summons. Link to comment Share on other sites More sharing options...
mrsmilitary Posted November 16, 2007 Author Report Share Posted November 16, 2007 I was wondering if the summons that was posted on my parents' door should be sent back to the court with a note that says that I don't live at that address, or should they just leave well enough alone and just put "Return to sender" on the letter from the plaintiff? Link to comment Share on other sites More sharing options...
Textoy Posted November 16, 2007 Report Share Posted November 16, 2007 So far everything you have said is that it is not your debt. Here is a website for military personell and their dependents:http://www.military.com/benefits/resources/family-support/family-support-servicesScroll down to this section:Legal AssistanceActive duty members, activated Reserve and Guard members, and their family members are eligible to seek legal aid and assistance from any military installation where there is a legal assistance office. A Legal Assistance Officer provides counseling and assistance with personal legal problems, claims services, and trial defense services. Legal advice and assistance available.Wills, powers of attorney, and bills of sale. Domestic relations (adoption, separation, nonsupport) Change of name, notarizations, civil rights, depositions. Citizenship, immigration, and passports. Damage to personal property. Referral to civilian lawyers when appropriate. For more on legal assistance, see Military Law.You should be able to get some good advice that way. Link to comment Share on other sites More sharing options...
mrsmilitary Posted November 16, 2007 Author Report Share Posted November 16, 2007 Thanks Textoy, I'll see what I can find out Link to comment Share on other sites More sharing options...
mrsmilitary Posted January 25, 2008 Author Report Share Posted January 25, 2008 I contacted the courts, and found out that a judgement was entered against me on January 18. The court clerk said that I can file a motion to have the judgement vacated, but I had to fill out some forms (Order to Show Cause). She said she would mail them to me (again I live in MD, judgement was entered in NY despite improper service). I'm not sure if she will really mail the forms to me. Do any of you know where I may be able to get the forms, and most importantly what I would do with the forms once I fill them out. I'm not able to go to NY to be in court. I'm so afraid now...any assistance would be helpful. Link to comment Share on other sites More sharing options...
mrsmilitary Posted January 25, 2008 Author Report Share Posted January 25, 2008 Oh, and I forgot to update in the last post, the OC/Plaintiff is CAPITAL ONE, not Charter One as my parents first told me. I know that doesn't change anything, but it's good to know. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 25, 2008 Report Share Posted January 25, 2008 PM me. I am in Albany. What court was the judgment entered into? Link to comment Share on other sites More sharing options...
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