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Received Summons n my husbands name is in it too....


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I just received a summons from Law office of Curtis O Barnes...it states that its been bought by them from some other DJB etc..The weird thing is, it list my name first under my maiden last name (i have been married almost 6 yrs) then my husbands name, but i must have authorized him as a user before we got married. My question(s) are

1. Is he being sued too and must we answer the summons separate or just me?

2. Will he have to show up to court with me each time and to court house when answering summons?

The server said his name too, but like if they could even prove its mine, its definitely not his. Is it because i has him as a user?

Thanks so much!!

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If you're both listed as defendants, then you're both being sued, and you both will have to file an answer, and show up in court.

BUT: He should have been served separately, that is, received his own set of papers. The process server probably is going to claim substituted service, giving you the papers for your husband. On the other hand, if this got messed up, it's probably not to your advantage to argue it.

BUT: If he was only an authorized user, he can not be held responsible

ALSO: As your husband he cannot be held responsible for debts from before your marriage.

When did the account go into default? The SOL in California is 4 years.

DH

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Thank you both, i really appreciate you answering my questions.

If this is the credit card i think it could be, it was definitely before we got married, and he was just an authorized user, so i hope he will get off the hook quick, it sucks he has to go thru all the process too. But basically we must both deny and they must prove.

So we will answer the summons separate, will he have to go to court house and file his answer with me?

The server asked for my husband, but i told him he wasn't home and he just left me the papers(would this matter)?. The summons states last payment was in 07,i think maybe even 06, so im a year and half short:(. If theres more suggestions id truly appreciate it! Thanks Again

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It sounds like the service was proper. Their Proof of Service forms will show that they served you personally, and served your husband by substituted service (they left papers with you, an adult at his place of residence.)

Too bad about the SOL.

Although he will have to appear in court personally at future conferences, he doesn't have to file his Answer in person. He has to sign the paperwork, but you can file it and pay the fees in his behalf. In my case, I'm the one who went to the courthouse to file the Answer paperwork for my wife.

One last thing: it occurs to me that although we've said "you both will have to file an answer" and "You both must answer the complaint," maybe you can file a joint answer, by filing one document which you both sign. You might be better off specifically asking the court clert this question, or find a lawyer through www.naca.net who might be willing to provide an intitial phone consultation for free.

Good luck.

DH

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It sounds like the service was proper. Their Proof of Service forms will show that they served you personally, and served your husband by substituted service (they left papers with you, an adult at his place of residence.)

Too bad about the SOL.

Although he will have to appear in court personally at future conferences, he doesn't have to file his Answer in person. He has to sign the paperwork, but you can file it and pay the fees in his behalf. In my case, I'm the one who went to the courthouse to file the Answer paperwork for my wife.

One last thing: it occurs to me that although we've said "you both will have to file an answer" and "You both must answer the complaint," maybe you can file a joint answer, by filing one document which you both sign. You might be better off specifically asking the court clert this question, or find a lawyer through www.naca.net who might be willing to provide an intitial phone consultation for free.

Good luck.

DH

the summons should have said something like , each and together( communtiy property states) you can answer together as defendants when you file the clerk should have you fill out a pro se form will have X filing for(self & spouse ) Both defendants , your docs will be

123 we cheatem plaintiff

Sleazy & asso, Atty for Plaintiff

vs

jane doe

john doe

defendant(S)

your answer

jane doe & John Doe

Defendants -Pro Se

even tho he was a AU , now your married, he wont be free and clear, they will go after "marital community" arguing payments where made after your marriage, lets say you paid with a joint checking account.., that would be" communtiy property funds"

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