GQKIDD

Summons shows up in mail 6 months later?? WTF?

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A filed summons showed up in mailed yesterday that was filed 6 months ago. I called the court and nothing else has been done. No service, proof of claim, nothing. Was told by a paralegal that proof of service must happen within 120 days of file.

More info;

Back in Aug I received a letter about the debt and sent a certified letter that they received in Sep to validate the debt. 3 days after my certified letter received them they filed the summons. :confused:

Edited by GQKIDD
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I think someone did drop the ball. The first letter came from a Law firm/CA. Which I sent the DV 3 weeks later. The summons, filed by the same law firm/CA, came with no return address and hand written to me. Almost shredded it thinking it was junk mail. Postage says it was sent from Seattle WA, Law/CA is from OR. Im in WA.

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Just found out that Notice of Service from a process server said he delivered to a person at residence on a day that we were out of town and can prove it. And no one stayed at our house. This all sounds really shady. Should I respond to the Summons? Or default and keep them on violations?

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Just found out that Notice of Service from a process server said he delivered to a person at residence on a day that we were out of town and can prove it. And no one stayed at our house. This all sounds really shady. Should I respond to the Summons? Or default and keep them on violations?

Defaulting is never advisable. You do not relinquish them from liability for their violations by responding to the suit.

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You can also file suit against the process server for filing a false proof of service affidavit.

I would respond to the summons. File a motion to dismiss with prejudice due to lack of proper service.

Where did you find the proof of service affidavit?

Edited by BTO429
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You can also file suit against the process server for filing a false proof of service affidavit.

I would respond to the summons. File a motion to dismiss with prejudice due to lack of proper service.

Where did you find the proof of service affidavit?

Hiring a lawyer tomorrow to handle this. I have until Monday to respond before I get a default.

The proof of service is on the court document. I am getting it tomorrow, I only had it read to me today.

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In Addition to the FDCPA violation for Continued collection there is an FCRA violation sitting there as well. The FTC and several court cases say that the lawyer can not pull your credit report for the purposes of a law suit.

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