Question Almost got served

[djrazr]

So an attorney whom i assume is a debt collector is coming after me. The original creditor always misspells my name wrong by one letter

Had a joe schmo come into my workplace asking for me with papers,and i seen in big letters, an attorney's name. Because i know that the creditor misspells my name, i said "he is not here". He left

I went onto the court site for my county and typed my real name and did not see this creditor on their.
I searched the name they spelled and it shows they filed 2 days ago

I know it's me, and the debt is mine, but they misspelled my name. They can always fix it and come back. Till then i will deny that the person they are searching for is not here.

Suggestions? I already have bad credit, but i just purchased a car a month ago. It's obvious they can still sue and get a judgement on me. I've thought of filing before the judgement kicks in. I figure if i get served again with the corrections, i have 30 days to file?


Suggestions please

[keepmine]

Not sure were you're getting 30 days. You can file at the time that provides you the best advantage of a fresh start. Any judgment will be included in the bk.

[AngelinaCat]

You should follow up with an answer to that suit, even if it was improperly served or not served at all. You know this creditor always misspells the name. If the account number and any other number that may be connected with the account, such as an SS or telephone number, they have the right person.

My DH has a surname that is commonly misspelled--even on the original SS card--to the point that he has an AKA after his name. We have tried that "no that isn't me" route, but it didn't work.

If you can file before a judgment is put in place you would be better off. Once you are served, you will have 20 days to answer the summons, and answer the complaint. Then they have 20 days to respond.

In any case, go to court and when you are asked how you plead, "I neither affirm or deny this debt." Then you and the plaintiff's attorney will be sent to Arbitration. In our county, Arbitration only happens once a month. That gave us about 60 days. When the judge set the date for the next Arbitration on a date that we were going to be out of town, and could not change our plans, Arbitration was pushed back another 30 days.

If you allow the plaintiff to get a default judgment, by NOT showing up in court, you will only have had about 20 days. And you have to petition the court to vacate the judgment, once your BK is over with, which is more of your time, and court/attorney fees....

Good luck to you and welcome to the forum.

[djrazr]

Not sure were you're getting 30 days. You can file at the time that provides you the best advantage of a fresh start. Any judgment will be included in the bk.

What i meant by 30 days is from the time i get summoms, i have to respond, to file before that time. But yes i can file anytime
If i get a judgement before BK, is the judgement still included in the BK?

[djrazr]

You should follow up with an answer to that suit, even if it was improperly served or not served at all. You know this creditor always misspells the name. If the account number and any other number that may be connected with the account, such as an SS or telephone number, they have the right person.

My DH has a surname that is commonly misspelled--even on the original SS card--to the point that he has an AKA after his name. We have tried that "no that isn't me" route, but it didn't work.

If you can file before a judgment is put in place you would be better off. Once you are served, you will have 20 days to answer the summons, and answer the complaint. Then they have 20 days to respond.

In any case, go to court and when you are asked how you plead, "I neither affirm or deny this debt." Then you and the plaintiff's attorney will be sent to Arbitration. In our county, Arbitration only happens once a month. That gave us about 60 days. When the judge set the date for the next Arbitration on a date that we were going to be out of town, and could not change our plans, Arbitration was pushed back another 30 days.

If you allow the plaintiff to get a default judgment, by NOT showing up in court, you will only have had about 20 days. And you have to petition the court to vacate the judgment, once your BK is over with, which is more of your time, and court/attorney fees....

Good luck to you and welcome to the forum.

I'm sure they will correct my name when they know they misspelled it. Now how do i know if i get summons? Do i get something in the mail? Phone call? Certified from the Sheriff? Is what the server yesterday attempted a summons? When can the creditor file judgement?

[AngelinaCat]

I'm sure they will correct my name when they know they misspelled it. Now how do i know if i get summons? Do i get something in the mail? Phone call? Certified from the Sheriff? Is what the server yesterday attempted a summons? When can the creditor file judgement?

Once the creditor's attorney gets a notice of lawful service, then you have a court date, and you have twenty days (in some districts it may be 30, but that depends on the rules of your local civil court. Here in Florida it is 20.) to respond.

If you don't respond either in writing contesting the charges in the summons or by appearing in court, the plaintiff will Motion the court for a Summary Judgment against you, which since you haven't responded in this scenario, it WILL be granted because you aren't there to contest it.

You should know that in some districts it is perfectly permissible to be served by the US mail. The two suits against us by American General, and a Credit Union,the summons were delivered by mail.