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  #1  
Old 10-15-2002, 07:37 PM
rtrnka
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Fake Summons


What is the name of your state? Minnesota

I was given a bill from a medical home service corporation about two years ago. It was for $210.00. I had insurance and asked what the charges were for. They would not provide me with an itemized statement showing me what the bill was for. Now I have received a "summons" from a lawyer representing them. This "summons" has the "STATE OF MINNESOTA" heading on it and clearly states this as a summons with the plaintiff being Pediatric home services and the defendant as me. There is no file number from the court and it does not state anywhere that I can dispute this claim . Under the Fair Debt collections act. don't they have to inform me of my rights? and isn't their delivery man supposed to provide credentials that they are representing the state or sherriffs office and ask for a signature?

thanks for any help you can give me
  #2  
Old 10-16-2002, 09:47 AM
minerk
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No, they don't have to inform you of your rights. The summons has nothing to do with the FDCPA. The "delivery man," or more properly known as the process server does not represent the state or sherrifs office, therefore he does not have to identify himself as such.

You must prepare an answer to the complaint and have it served on the plaintiff, and filed with the court within a specific time frame. Go to [url]http://www.weblocator.com/attorney/mn/law/procoflaw.html#20[/url]
for more information.
  #3  
Old 10-16-2002, 09:52 AM
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Location: Somnambulist University
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How do you know that this summons is fake?? Does it show a court name?? If so, contact them.

Minnesota Conciliatory court allows service on the defendant (you) by certified mail, no less than 10 days before the hearing date.

If in fact it is a fake summons, that would be a violation of the FDCPA and you can file an online complaint with the FTC at [url]http://www.ftc.gov/.[/url]

If you do file a complaint, you can send a letter to the 'law' firm (that may also be fake) advising them of your intent to pursue legal action against them for FDCPA violation.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #4  
Old 10-16-2002, 06:45 PM
rtrnka
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This piece of paperwork states on the top "State of Minnesota" with no address, court number, or contact information. On the right of that it also states that this is a "summons". If I send a letter to the lawyer this came from how do I forward a copy to the state with no claim number or contact information?

There is no specific mention of anything other than that I owe their client this money and I must pay. I guess where I have the problem is that this is the second time that this particular lawyer has contacted me and I requested a detailed account of the alleged bill I had incured. They failed to provide that to me. This time, she said to send her (in writing) a request for an itemized statement and they will forward it again to their client.

If this is going to go to court that's fine, at least I can get the matter resolved. However, I don't know if any of this infomation is validated and I question it even more without a case number or any official word that this summons is real.
  #5  
Old 10-16-2002, 06:58 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,550
Since there appears to be continued confusion about whether this is in fact a summons, I would call the attorneys office and ask them. If it is not a summons, then point out that by her implying that it was, is a violation of the FDCPA and you will report her.

If it is a summons, then ask what and where. Also, point out that you have already asked for a validation of the debt (as provided by the FDCPA) and her taking ANY legal action without the collector answering your request is ALSO a violation of the FDCPA.

For confirmation of this and more, go to the following website:
[url]http://www.creditinfocenter.com/rebuild/debt_validation.shtml[/url]
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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