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received civil summons today


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Hello Everyone

Today while i was not home my step son opened the door and was handed a civil summons for me. It is from a local lawyer here in tucson az fileing on behalf of unifund ccr partnerers of new york.The summons has the wrong address for me if fact i have never lived at that address although i do own the property. it also list the wrong date of birth. I have never had any mail from unifund ccr not a phone call nothing .from them or this local lawyer. Any advice of what I should do first is greatly apperceated. thanks all

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In Arizona you have 20 days to answer. You need to answer or they will get a default judgement against you. The forms to answer are available online, however you will have to take them to the court in person and swear they are accurate and truthful. Are you being sued in small claims or superior court?

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looks like they are sueing in superior court. Does it make any difference to the courts that they never contacted me about the alleged debt. Or that there civil summons has the wrong date of birth for me. I mean it's not even close. The have my dob as 12/6/1978 my dob is 4/29/68. they also have for my residence address an address i have never lived at. Would they have to be more accurate when filing a lawsuit.

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looks like they are sueing in superior court. Does it make any difference to the courts that they never contacted me about the alleged debt. Or that there civil summons has the wrong date of birth for me. I mean it's not even close. The have my dob as 12/6/1978 my dob is 4/29/68. they also have for my residence address an address i have never lived at. Would they have to be more accurate when filing a lawsuit.

Actually yes it does make a difference. Check out this case Thomas v. Law Firm of Simpson & Cybak, et al., No. 02-1113 (7th Cir. 12/20/04).

It states that a summons can be initial contact and you have the right to VALIDATE.

As for your other questions, first off did you ever have a CC with the client? If so, then i would first call the court and ask them what it means if the birthdate and address are wrong. I was actually pulled over before because a guy in the same city had the same name as me and had warrents out for his arrest. After they ran my info and everything the realized the guy had a different birthday (not after several nervous minutes on my part trying to figure out why i had warrents). I would have to say that if they have the wrong address and wrong DOB then they would have to refile with the correct info.......an east defense would be that this person on the summons isn't me......especially if there is no other documentation to back it up. You could also send a CMRRR letter to the attorney asking for more info as you think this was served on the wrong person. And if it is you, then you have the right to DV with the attorney, but also make sure you answer the summons as well.

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You have 20 days from date of service to file a response. Don't miss it. Upon filing the clerk will give you a packet to read. You are required by the court to meet in person or by phone with the opposing attorney within 90 days under rule 19 to determine if the case should go to Alternative Dispute Resolution. The court has mediators, trained by the AG's office, that you can use free of charge if you desire to go the mediation route. Your first disclosure is due 60 days after you file your response. Arizona allows disclosure up until 30 days prior to trial.

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Go to the stickeys and read Q's to answer when posting to this forum. It will help us help you. The difference between being sued in Superior court vs. Small claims is the judge has been appointed and is/was a lawyer a Justice of the Peace is elected and doesn't need any legal training. Small Claims court can be more informal. The forms for answering are different.

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You probably have at least two defenses to Unifund, one being lack of personal jurisidiction. But you have to answer to interpose them. Do not delay.

You can sometimes beat Unifund but they are tenacious, so start thinking about a settlement proposal.

The law changed and a summons and complaint is no longer considered a "communication". Unifund has stopped sending letters, they simply sue when they are good and ready

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You probably have at least two defenses to Unifund, one being lack of personal jurisidiction. But you have to answer to interpose them. Do not delay.

You can sometimes beat Unifund but they are tenacious, so start thinking about a settlement proposal.

The law changed and a summons and complaint is no longer considered a "communication". Unifund has stopped sending letters, they simply sue when they are good and ready

When did the law change, and can you provide a link or site where i could check it out?

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