Should I reply to court summons for debt not mine

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peter58
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Subject: Should I reply to court summons for debt not mine

Wed Jun 17, 2009 11:53 am

I have recently received court summons for a debt that is not mine. It of $5000. A collection agency is trying to collect the debt. But my query is that I have never received any collection calls or any bills. How can they send me a court order. I have to appear in court in about 10 days time, Can I still ask for validation? I called the CA they said the accounts are delinquent since 2004. I have checked my report from all the 3 reporting agencies, no such account is mentioned. Can someone help me out of it? I am already paying about $9000 for credit card debts, every month. I have no money to pay to a lawyer.

scott

Joined: 28 Jun 2006
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Posts: 462

10934 Magic Points

Wed Jun 17, 2009 12:10 pm

Hi peter,

Even if you feel that the delinquent accounts don't belong to you, I would suggest that you file an answer to the court summons. If you do not file a response to the summons, the collection agency will bring a default judgment. They may also get a court order to garnish your wages or bank account, to pay off the debt.

In court you can tell the judge that the debt account is not yours. I think the court will ask the collection agency to validate the debt. You can support your viewpoint by producing copies of your credit report (as there is no mention of debt account). In case the CA is not able to validate the debt, it is likely that the court will dismiss the case.
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SCOTT

Use your credit account responsibly and enjoy a debt free life.

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