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Wrong name on Civil Summons

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Compaj

Junior Member
What is the name of your state (only U.S. law)? Arizona

Hello, I am new to this site and have a couple questions.

First question is I received a Civil Summons from a junk collector "Main Street Acquisition Corp." I was looking at the form and it has the wrong middle initial example: Joshua E. Alley which is not my middle initial, if it was the correct name it would read Joshua H. Alley. Would I deny it in the answer sheet as this is not me and do not now this person then file it?

Second question when it asks for "Plaintiff" information Would I put "Main Street Acquisition Corp." then there address because it does not have a physical address which follows under it as it does for Joshua E. Alley.

Third the car dealership provided the lender "HSBC" for the car loan it was repossessed an auctioned off in 2008 does it fall under the 4 year SOL?

Fourth question is my fiance is listed on the Civil Summons but when they came to door they only asked for Joshua Alley and not her, I did not except the summons or provide a name of who I was, he asked for Joshua Alley I said he lived here but was not currently at home. Does she have to responded to Summons and if so does she respond on a separate answer form?

Also there is no contract of the car loan attached to the Civil Summons.
Thank you for your time!
 


tranquility

Senior Member
1. You could try to claim the wrong party, but it seems you are the correct party. This won't help you.
2. The plaintiff should be listed on the complaint.
3. No. It seems like the SOL is 6 years.(12-548 not 12-544)
4. The "not accepting" part of service only has to do with a notification letter. If you don't accept that service they have to serve you by law. They did.
(d) Service of Summons Upon Individuals.

Service upon an individual from whom a waiver has not been obtained and filed, other than those specified in paragraphs (e), (f) and (g) of this Rule 4.1, shall be effected by delivering a copy of the summons and of the pleading to that individual personally or by leaving copies thereof at that individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the pleading to an agent authorized by appointment or by law to receive service of process.
Finally, I don't see a requirement to include the contract. Just a summons and pleading. Proof will come in discovery.
 

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