COGirl2008
Junior Member
What is the name of your state? Colorado
I was recently served on an old credit card debt for $3200 and have since filed my answer. However, as I was browsing the forums I saw a post where someone had been served a summons with their "old name", and thus, had to be re-served with their "new name".
First off, the summons was found in my next door neighbor's yard. I presume it was left on my porch and blew away. At any rate, it was found and I did appear in court to file my answer. Secondly, the summons was under my former married name (I have since re-married). In my answer, I did state the expiration of the SOL as my defense and noted that the service was improper (they never made physical or visual contact with me or anyone in my household).
My question is, can I use either of these facts to my advantage somehow? I received a letter from the collecting attorney last week and noticed that they now have both of my names listed. I have my pre-trial conference this morning and will undoubtedly be posting again as things progress.
Thanks in advance for any help.What is the name of your state?
I was recently served on an old credit card debt for $3200 and have since filed my answer. However, as I was browsing the forums I saw a post where someone had been served a summons with their "old name", and thus, had to be re-served with their "new name".
First off, the summons was found in my next door neighbor's yard. I presume it was left on my porch and blew away. At any rate, it was found and I did appear in court to file my answer. Secondly, the summons was under my former married name (I have since re-married). In my answer, I did state the expiration of the SOL as my defense and noted that the service was improper (they never made physical or visual contact with me or anyone in my household).
My question is, can I use either of these facts to my advantage somehow? I received a letter from the collecting attorney last week and noticed that they now have both of my names listed. I have my pre-trial conference this morning and will undoubtedly be posting again as things progress.
Thanks in advance for any help.What is the name of your state?