YourBudWeiser Posted March 13, 2011 Report Share Posted March 13, 2011 My daughter was served with a summons from Midland Funding at my house in FL but she lives in NY. The complaint had no documents attached, only an internal "Pre-Legal Notification" and copies of statements. There was no assignment, no validation of debt, no affidavit and the complaint didn't incorporate the exhibits. After reading tons of posts on this Web site and others, I suggested to her to file a motion to dismiss for lack of standing and failure to state a cause of action but I didn't want to screw it up for her so I went to a consumer lawyer for a consultation. The lawyer was adamant that a Motion to Quash the summons was appropriate because they served her in FL but she lives in NY. They want $500 to draw up affidavits that she doesn't live here, to draw up and file the Motion to Quash and to appear in court for her since she lives in NY. I am thinking we can do the affidavit, the Motion to Quash and maybe she can appear by telephone if necessary. Would love some advice! Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 13, 2011 Report Share Posted March 13, 2011 Be careful, there is a very thin line between helping someone with a lawsuit and practicing law without a license. I can understand not wanting to pay the $500 because to be honest your daughter is going to have to disclose where she lives now and she is just going to be sued in NY. I'm also pretty confident that she can beat them too though. Link to comment Share on other sites More sharing options...
cjb3 Posted March 13, 2011 Report Share Posted March 13, 2011 let me throw this one out there - has the case been filed? if not, maybe its a feable trick to get your daughters addy/info.also, whether filed or not, im thinking this could be a fdcpa violation regarding contact with a 3rd party...(a stretch, i know). Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 13, 2011 Report Share Posted March 13, 2011 Not an FDCPA violation, a summons filed in Court is a public record and they could distribute it to whoever they want. They can stand on street corners and give it to people passing by if they so desired. The OP's house probably the last known address of the daughter I would assume. Link to comment Share on other sites More sharing options...
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