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03-25-2005, 06:26 PM
| | Member | | Join Date: Nov 2002 Location: delaware
Posts: 71
| |  Privacy Law?
What is the name of your state? DE
my father was given a summons for a credit card debit which he knows nothing about and clearly was identity theft and attched to his summons was someone else's summons that was supposed to be delivered but the attorney was so careless. it has this persons ssn, amount owed and address. isnt there some privacy law violated.  |
03-25-2005, 07:07 PM
| | | Quote: |
Originally Posted by shorti1 What is the name of your state? DE
my father was given a summons for a credit card debit which he knows nothing about and clearly was identity theft and attched to his summons was someone else's summons that was supposed to be delivered but the attorney was so careless. it has this persons ssn, amount owed and address. isnt there some privacy law violated. | Who gave your dad this summons and why? |
03-25-2005, 08:53 PM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | | Sounds like someone screwed up royally !!
__________________
"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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03-28-2005, 04:02 PM
| | Member | | Join Date: Nov 2002 Location: delaware
Posts: 71
| |
State of DE.
The summons was to pay a credit card debit in his name, but he didnt know anything about it. Im guessing he got a card but someone else got a hold of it and used it. The account was from 1999 and was closed in 2001 and they said there was an arbitration hearing in 2003. there was never any statements or any other mail. yet all the info they have is right. but what i want to know is was it illegal for them to give us someone else summons on top of my fathers. |
03-28-2005, 05:09 PM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | | Clearly the process server screwed up, but I'm not sure you can get on any violation of the laws. I feel badly for the person who SHOULD have gotten those papers, the guy/gal will be blindsided by a default judgment because there was no service of the summons -YOU have it.
__________________
"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
|
03-28-2005, 07:04 PM
| | Member | | Join Date: Nov 2002 Location: delaware
Posts: 71
| | | So if you dont respond to the summons its just a default judgement? you dont actually have to show up in court? |
03-28-2005, 07:26 PM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | | If you don't show up in court, you are guaranteed to LOSE ! Why would you blow this off ?? If you go to court, you will probably be offered a chance to setttle before going before a judge. If this is a fraudulent account, then you need to FIGHT THIS on the basis of identity theft. Do NOT admit the debt, its FRAUD. File a police report for identity theft. Answer the Summons and use the ID theft as part of your Answer. You do NOT want to just LET them have a default judgment, especially for a fraudulent account.
__________________
"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
|
03-29-2005, 07:02 AM
| | | Quote: |
Originally Posted by Ladynred If you don't show up in court, you are guaranteed to LOSE ! Why would you blow this off ?? If you go to court, you will probably be offered a chance to setttle before going before a judge. If this is a fraudulent account, then you need to FIGHT THIS on the basis of identity theft. Do NOT admit the debt, its FRAUD. File a police report for identity theft. Answer the Summons and use the ID theft as part of your Answer. You do NOT want to just LET them have a default judgment, especially for a fraudulent account. | Agreed. You ignore this at your own peril. If you do NOT show up, then that means you AGREE with it! | |
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