Responding to Lawyers - Need Minor Help

[TinaLuv]

What is the name of your state? Maryland

I've been a residence of Largo Maryland for 4 years now but before moving to Maryland I use to live in Houston Texas with my sister. Earlier this week I got a call from her saying that a summons was given to her for me from a lawyer representing a credit card company "Chase Bank". I had her fax the papers to me and read them carefully. I never had a credit card with chase bank. NEVER EVER EVER! I only had one credit card in my life and that's a prepaid credit card (due to my bad credit).
I am responding back to the lawyers through the court office telling them that the account is not mine.

Here are my questions.

I am not in Texas anymore and my sister was extremely upset to have the sheriff serve her papers on my behalf. Now that I'm living here in Maryland what do I need to do in order to have all correspondence sent to me here and not my sister?

I am writing a dispute letter due to the fact that the account is not mine. I am allowing them 30 days to provide proof that the account belongs to me (which they don't have). When they don't provide proof what should I do to get this resolved for good via the courts? I'm not worried about my credit because it's still in bad shape but flying to Texas to resolve an issue that has nothing to do with me is something I can't afford.

thanks

Tina

[Zigner]

A summons has been served. Now is not the time to request debt validation. You should call some Texas lawyers for advice...maybe your sister could do a little legwork for you on this. If this is truly not your account, then you should not have to pay, but you do have to respond in the proper fashion (and a letter disputing the debt is NOT the proper response to a summons).

[TinaLuv]

Originally Posted by Zigner

A summons has been served. Now is not the time to request debt validation. You should call some Texas lawyers for advice...maybe your sister could do a little legwork for you on this. If this is truly not your account, then you should not have to pay, but you do have to respond in the proper fashion (and a letter disputing the debt is NOT the proper response to a summons).

Hi and thanks for your reply.

I am being sued for a debt that doesn't belong to me. I am asked by the courts to provide a written response to these accusations. If the account doesn't belong to me and I'm being falsely accused of an account that's not mine then what am I suppose to say?

I'm responding to the summons which is better than ignoring it. My response may not be the proper response but I'm responding which prevent them from winning a judgment by default.

[debtcollector`]

Originally Posted by TinaLuv

My response may not be the proper response but I'm responding which prevent them from winning a judgment by default.

Wrong. If it isn't a proper response, it isn't a response. You need to get an attorney.

DC

[Skapare]

You need to get a lawyer. If you cannot afford one, your community or a nearby law school may have some kind of legal assistance program you might qualify for.

Because you now live in Maryland, your laywer may be able to get the lawsuit dismissed on a jurisdiction basis. But expect it to simply be refiled in Maryland, so it's not over.

This sounds like a case of identity theft. You need to get your credit report from all 3 credit reporting agencies. If you have not obtained a free credit report within the past year, you can get it by calling 1-877-322-8228. Your lawyer will want to do this anyway, so you might as well get it started now. The purpose of this is to get a picture of any other issues these identity thieves may have caused for you. It can also help your lawyer identify the account and its history.

When you get your credit report, there will be instructions that come with them on how to dispute entries and how to do other things like locking your file and having it marked for identity theft. Read it all carefully and note every entry you don't recognize as being yours. The credit report will also list past addresses. Make sure every address is a place you have lived, and if not, note that as well.

Have your sister make and keep a copy of the papers and then send the originals to you by UPS/Fedex/etc. Have her mark it as "signature required". Then make a couple extra copies yourself from these originals.

Keep a record of every communication you make with anyone regarding this or any other financial matter. Get a big spiral notebook from an office supply store and begin putting entries in it. Put a date on everything, both the date things happen and the date actually entered if that's different.

[TinaLuv]

Originally Posted by debtcollector`

Wrong. If it isn't a proper response, it isn't a response. You need to get an attorney.

DC

Sorry but you're WRONG! I just called the court office a few minutes ago and explained to them what's going on. Here is what the court clerk told me.

1. The summons is requesting a response from me which must be made to the court system. The clerk (who has been working for the civil department for over 15 years) said that my response should be in writing. There is the "proper" response they are looking for.

2. Since I live here in Maryland and the summons was filed in Texas I can provide the courts with my new address which will be given to the attorney who filed the summons.

3. Along with my response I must also send the courts a self address and stamp envelope for future correspondence in reference to the civil case.

4. When I submit my written response I must include the case number which is located on the summons. Writing a letter telling the courts and attorney that this account is not mine is an acceptable response. It does not make the case go away but it is in fact A RESPONSE! As long as I'm responding and not ignoring the situation the attorney can not win by default judgment.

5. I must do this within 30 days.


What happens after I submit my written response to the courts.

The clerk stated that everything I submit to them will be kept in their records. They will send a copy to the attorney. He can either contact me personally or file a date for civil court. If he files a court date he must pay the Maryland Sheriff Department to come to my home and personally serve me with a supena to appear in civil court (which in her opinion will cost more than the debt I owe and highly unlikely).



So it looks like I was right after all.

[TinaLuv]

Originally Posted by Skapare

You need to get a lawyer. If you cannot afford one, your community or a nearby law school may have some kind of legal assistance program you might qualify for.

Because you now live in Maryland, your laywer may be able to get the lawsuit dismissed on a jurisdiction basis. But expect it to simply be refiled in Maryland, so it's not over.

This sounds like a case of identity theft. You need to get your credit report from all 3 credit reporting agencies. If you have not obtained a free credit report within the past year, you can get it by calling 1-877-322-8228. Your lawyer will want to do this anyway, so you might as well get it started now. The purpose of this is to get a picture of any other issues these identity thieves may have caused for you. It can also help your lawyer identify the account and its history.

When you get your credit report, there will be instructions that come with them on how to dispute entries and how to do other things like locking your file and having it marked for identity theft. Read it all carefully and note every entry you don't recognize as being yours. The credit report will also list past addresses. Make sure every address is a place you have lived, and if not, note that as well.

Have your sister make and keep a copy of the papers and then send the originals to you by UPS/Fedex/etc. Have her mark it as "signature required". Then make a couple extra copies yourself from these originals.

Keep a record of every communication you make with anyone regarding this or any other financial matter. Get a big spiral notebook from an office supply store and begin putting entries in it. Put a date on everything, both the date things happen and the date actually entered if that's different.

Finally!

Someone has responded with excellent advice.

Your response is what I needed in addition to the information I received from the Houston court clerk this morning. As soon as I finish responding to you I'm going to call the 3 credit bureaus and check on the legal program to assist me.

Once again THANK YOU for your excellent and proper reply. **huge smile**

[seniorjudge]

Originally Posted by Skapare

...

Because you now live in Maryland, your laywer may be able to get the lawsuit dismissed on a jurisdiction basis. But expect it to simply be refiled in Maryland, so it's not over.

....

Obviously, you know nothing about the law.

[seniorjudge]

Originally Posted by TinaLuv

Sorry but you're WRONG! I just called the court office a few minutes ago and explained to them what's going on. Here is what the court clerk told me.

1. The summons is requesting a response from me which must be made to the court system. The clerk (who has been working for the civil department for over 15 years) said that my response should be in writing. There is the "proper" response they are looking for.

2. Since I live here in Maryland and the summons was filed in Texas I can provide the courts with my new address which will be given to the attorney who filed the summons.

3. Along with my response I must also send the courts a self address and stamp envelope for future correspondence in reference to the civil case.

4. When I submit my written response I must include the case number which is located on the summons. Writing a letter telling the courts and attorney that this account is not mine is an acceptable response. It does not make the case go away but it is in fact A RESPONSE! As long as I'm responding and not ignoring the situation the attorney can not win by default judgment.

5. I must do this within 30 days.


What happens after I submit my written response to the courts.

The clerk stated that everything I submit to them will be kept in their records. They will send a copy to the attorney. He can either contact me personally or file a date for civil court. If he files a court date he must pay the Maryland Sheriff Department to come to my home and personally serve me with a supena to appear in civil court (which in her opinion will cost more than the debt I owe and highly unlikely).



So it looks like I was right after all.

You need to pay attention to debtcollector.

He/she knows what he/she is talking about.

skapare has no knowledge of the law.

[TinaLuv]

Originally Posted by seniorjudge

You need to pay attention to debtcollector.

He/she knows what he/she is talking about.

skapare has no knowledge of the law.

debtcollector is just that A Debt Collector.

He's not a lawyer and he doesn't work for the court system. He works for companies who want a debt collected. Therefore, his opinions will be extremely bias and not in my best interest.

He is no different than the lawyers who filed this summons against me. Taking advice from him is like asking a demon how to deal with satan. I'm not calling debcollector a demon. I'm just using that as an analogy to prove my point.

I got the answers I was looking for by calling the court office and taking skapare's advice.

I'm satisfied with that. I'll be sure to keep everyone posted on this situation.

[Skapare]

Originally Posted by seniorjudge

Obviously, you know nothing about the law.

So you are saying that I can sue you by filing the lawsuit in a state different than the state you live in? Actually, I know that I can! But I also know that it can be dismissed for reasons of jurisdiction. I know this because it has actually happened. I do not know if it can be assured to happen in every case. But I do know that it has happened in two cases, one where my uncle was defendant, the other where a friend of mine was plaintiff.

Also please read carefully. I said her lawyer (to be) MAY be able to get it dismissed. I don't know the specifics of her case. Maybe she did something when she lived in Texas that caused it to be valid in Texas. This is something she needs to discuss with her lawyer and is why she needs one.

I'm not an expert on law nor do I claim to be. But I do know about some kinds of things that have been done. A real lawyer is needed to figure out what actually can be done in a specific case.

Originally Posted by seniorjudge

You need to pay attention to debtcollector.

He/she knows what he/she is talking about.

skapare has no knowledge of the law.

If you are referring to what debtcollector said in this thread, then I agree the advice is correct. It's just not very thorough as it fails to acknowledge an apparently identity theft situation.

If you are referring to advice from debtcollector in other threads, I cannot say much because I have been away from here for a long time and won't be trying to catch up. But in another thread I already see a problem where he/she seems to believe that debts one cannot afford to pay stay with them forever. Yes, I do know about judgements and how they can be renewed. I also know someone who dismissed the judgements against him through bankruptcy.

[Skapare]

Originally Posted by TinaLuv

Sorry but you're WRONG! I just called the court office a few minutes ago and explained to them what's going on. Here is what the court clerk told me.

1. The summons is requesting a response from me which must be made to the court system. The clerk (who has been working for the civil department for over 15 years) said that my response should be in writing. There is the "proper" response they are looking for.

2. Since I live here in Maryland and the summons was filed in Texas I can provide the courts with my new address which will be given to the attorney who filed the summons.

3. Along with my response I must also send the courts a self address and stamp envelope for future correspondence in reference to the civil case.

4. When I submit my written response I must include the case number which is located on the summons. Writing a letter telling the courts and attorney that this account is not mine is an acceptable response. It does not make the case go away but it is in fact A RESPONSE! As long as I'm responding and not ignoring the situation the attorney can not win by default judgment.

5. I must do this within 30 days.


What happens after I submit my written response to the courts.

The clerk stated that everything I submit to them will be kept in their records. They will send a copy to the attorney. He can either contact me personally or file a date for civil court. If he files a court date he must pay the Maryland Sheriff Department to come to my home and personally serve me with a supena to appear in civil court (which in her opinion will cost more than the debt I owe and highly unlikely).



So it looks like I was right after all.

Maybe.

Filing a written response is a procedural step. WHAT you say in that response can affect your case. HOW you say it may also affect your case. Get a lawyer on your side no matter what. Do that ASAP and work with him/her to make a proper response. Your lawyer may also want to proceed with a motion to dismiss with various arguments. I don't know the timing of when that can be done in TX, but I know that here in WV motions have been filed at the same time as a response.

But you need to have a lawyer to get the answers that are right for your specific case.

[nrknlknek]

In my judgment, the responses here have been technically both correct and incorrect. That said, I think everyone has counseled OP to obtain qualified legal advice and I agree with that. I would contact the TX bar assn and get a referral to a legal community service organization and see if they can help.

[Skapare]

Originally Posted by nrknlknek

In my judgment, the responses here have been technically both correct and incorrect. That said, I think everyone has counseled OP to obtain qualified legal advice and I agree with that. I would contact the TX bar assn and get a referral to a legal community service organization and see if they can help.

I hope the legal community service organization in TX would be able to provide their service remotely. When I used one of these services back in the 70's, I had to visit them in person. But maybe they will make an exception for someone living out of state if they have this requirement.

[Texas Pooh]

The clerk stated that everything I submit to them will be kept in their records. They will send a copy to the attorney. He can either contact me personally or file a date for civil court. If he files a court date he must pay the Maryland Sheriff Department to come to my home and personally serve me with a supena to appear in civil court (which in her opinion will cost more than the debt I owe and highly unlikely).

OP, that is flat out wrong. When you file an answer with the court (which may be in letter form, as the clerk told you), you must send a copy to the plaintiff's lawyer. Debt collector was right when he told you that sending a letter to the lawyer and asking for verification wouldn't be sufficient. You must file the answer with the court and send it to the lawyer.

Once a court date is set, the plaintiff's lawyer does not need to subpoena you. By filing an answer, you are submitting to the jurisdiction of the court (unless you object to jurisdiction in the answer by filing a special appearance, and have a hearing on that issue). If you do not raise the issue carefully, you will waive it. Similarly, there is a service problem with the way you were served: service on your sister doesn't work. Again, however, you need to raise that issue properly in your answer.

Bottom line: please get a local lawyer. Call the Houston Bar Association and ask for a referral.