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Do I have to answer an attorney call?

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Sarah94

Junior Member
Washington DC / Virginia
I bought more than one item from a deal site which allowed me to on the same account. Now their attorney has left a voicemail because they are saying it was limited to one purchase per customer. They already gave me the merchandise. Do I have a legal obligation to make contact with their attorney despite the call being for a fake name?
 


justalayman

Senior Member
of course you don't have to respond to their call. Of course it might go a long way in settling whatever problem there is without them having to sue you but no, if you don't feel like responding, then don't respond. If they want to get hold of you, they know where to send the summons.
 

Sarah94

Junior Member
They requested my alias

They asked to speak to an alias, an incorrect name. So I suppose they won't know where to send the summons. Isn't it best to refrain from contact with the attorney considering that since they even had them call , they must already want to press charges ? I'm assuming that pointing out thier misleading terms and such will only give the attorney more info on how exactly to sue, doubting it will be a little pow wow of what each side did wrong.

If they figure out the correct credentials, where should I expect to get to get the summons?

I' m moving soon, what if they do send a subpoena and I never get it? Would I then be sued without knowing (for example like when one party doesn't show up then the other automatically gets what they requested in court.) Could this cause a cop to arrest me if I get pulled over and they see something in the system, like that I didn't go to court ( because I'd have no idea that I was served) .
 

justalayman

Senior Member
Sarah94;3081609]They asked to speak to an alias, an incorrect name
an alias is a name the user chooses to use. As such, it suggests they attempted to contact you under the false name you used when you did what you did.


So I suppose they won't know where to send the summons.
well, they do have an address, right? And if you used the alias, they can sue you under the alias. That is the name you gave them as yours. What makes you thing they could not sue you under a name you claimed was you?


Isn't it best to refrain from contact with the attorney considering that since they even had them call , they must already want to press charges ?
I doubt what happened is criminal. The probably just want money.


I'm assuming that pointing out thier misleading terms and such will only give the attorney more info on how exactly to sue, doubting it will be a little pow wow of what each side did wrong.
I suspect it is you who is mistaken here, not them.

If they figure out the correct credentials, where should I expect to get to get the summons?
they have the correct credentials; the name you used and the address you gave them.

I' m moving soon, what if they do send a subpoena and I never get it?
who knows? Depending on what the situation is, if they can claim valid service, I would expect to find a default judgment on you.

Could this cause a cop to arrest me if I get pulled over and they see something in the system, like that I didn't go to court ( because I'd have no idea that I was served)
Like I said, I do not think there is anything criminal here, at least based on what you have said.


Contrary to popular belief, you can use a name other than your "legal" name to represent yourself. That means that alias is who you are as far as that transaction is concerned.
While such an alias is not going to be acceptable for government documents, there is nothing wrong with it elsewhere.
 

Antigone*

Senior Member
They asked to speak to an alias, an incorrect name. So I suppose they won't know where to send the summons. Isn't it best to refrain from contact with the attorney considering that since they even had them call , they must already want to press charges ? I'm assuming that pointing out thier misleading terms and such will only give the attorney more info on how exactly to sue, doubting it will be a little pow wow of what each side did wrong.

If they figure out the correct credentials, where should I expect to get to get the summons?

I' m moving soon, what if they do send a subpoena and I never get it? Would I then be sued without knowing (for example like when one party doesn't show up then the other automatically gets what they requested in court.) Could this cause a cop to arrest me if I get pulled over and they see something in the system, like that I didn't go to court ( because I'd have no idea that I was served) .
Is the guilt of doing the wrong thing eating at you? Because if it is, you would probably feel much better just making it right. I'm jes sayin'
 

justalayman

Senior Member
Just wanted to add;

the only time using a false name in business will get you into possible criminal trouble is if you use it to commit fraud. That sounds like it might apply to the OP's situation but without more facts, it isn't a certainty.
 

Sarah94

Junior Member
The transactions were not made with that name. When I went to pick up the multiple items , they refused, even having done it before. A manager asked for my name, number and email to have the corporate office call concerning the matter, I gave a fake name but my real number. I did not give an address.
 

justalayman

Senior Member
The transactions were not made with that name. When I went to pick up the multiple items , they refused, even having done it before. A manager asked for my name, number and email to have the corporate office call concerning the matter, I gave a fake name but my real number. I did not give an address.

Hmm, I wonder how hard it is to track a person from their phone number or email address;


I'll tell you; not that hard at all.

I have no idea how much money is involved here. The more money, the harder they will work to reclaim it. If you want to run around with this hanging over your head, so be it. I really couldn't care less.
 

Sarah94

Junior Member
They're facts say that I could purchase more than one. A single account also allowed me to do it. The specific deal said one per customer. But the merchant redeemed my voucher for gifts because my vouchers were for different people. The site then declined my future purchases , refunded some, some charges to my card have been processing for days, and they marked my vouchers redeemed so that I could not pick them up. However, there are still some cleared charges for vouchers that I now cannot redeem. So I can counter sue them for those, for nulling purchased vouchers, the cost of having to go to court, and for allowing my single card to be used by multiple accounts with different names in the card fields , because paywalls I think are supposed to run identity validations when credit card info is entered like paypal and it could have very well been a thief.
 

justalayman

Senior Member
he site then declined my future purchases , refunded some, some charges to my card have been processing for days,
Your card? Credit card? Some sort of members card?

You think either of those might give them a clue as to who you really are?



. So I can counter sue them for those, for nulling purchased vouchers
Google: clean hands doctrine. I think you might be unpleasantly surprised.
 

Sarah94

Junior Member
No guilt

It's not hanging over my head. This company seems to be a fraud as many others at the mall are unable to redeem what they purchase because the site allows one thing and says certain purchases are allowed at stores but do not tell the stores. Therefore ripping off people. I have not been able to contact the site and now some attorney that can't even say the site's name right is calling me only since the mall manager got my info. I've been leaving all types of tracks for this site, real email ,real number, single credit card, even quit proxy. I think the mall manager had someone call to scare me because the site gave the mall these items for the promotion so it will be theirs should no one buy. There's no reversing anything at this point , and I bought what I have. I simply want to comply with the legal process. So far it sounds like returning a call doesn't mean they won't subpoena.


Thank you for all repsponses, I'm a complete novice. Stay tuned, the story may develop.
 
If you have vouchers you paid for but they didn't provide you with the merchandise file a dispute with your credit card company. You can easily recover your money through your bank without bothering to go to court.
 

Sarah94

Junior Member
*so far it doesn't sound like returning an attorney call provides anymore probability that they won't subpoena. If I could find out the standard of an introductory conversation , I could determine whether to ignore until a summon with my real name gets to me , to handle the conversation myself, or to get a lawyer to call.

Unless they have the manager ( the only person I gave the alias to ) present when I am served , how can anyone witness that I am the same person? Can't I just throw a subpeona that doesn't have any true credentials in the garbage? If they don't get it right by then , who are they suing? I can't prove I'm john doe, I have no ID for john doe. If anyone can appear in court summoned by a fake name without a witness present then that means I can show up for anyone who doesn't go to court and say I'm them and maybe get paid to do short time or get the reward. So I'm sure my real name needs to be somewhere in the paperwork.

Apparently if I hadn't given my real number , I wouldn't have gotten a call . I've learned that my next step is not be identified as the alias, " wrong number" should work just fine. So I'm sleeping easy tonight.
 

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