What is proper summons service and misinformation on summons

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Hana

Joined: 14 Sep 2009
Hana's page
Posts: 2

102 Magic Points

Subject: What is proper summons service and misinformation on summons

Mon Sep 14, 2009 7:18 am

I was handed a debt collection summons for my wife from Mann Braken LLC at our home in California. Is that a proper summons service? The summons has her name, but an incorrect account number in the ¨cause of action is based upon account number¨
The last four numbers is not the same as the original credit card statements.
Will this just make the CA attorney just draw up another summons?
I will be sending out a debt validation letter and waiting for a response.
Thank you Optimist for the sample DV letter and any replies to my questions.

carol

Joined: 27 Jun 2006
carol's page
Posts: 1308

28489 Magic Points

Mon Sep 14, 2009 10:07 am

Hi Hanna

I would suggest that you reply to the judgment and also mention that it was not properly served because the account number is incorrect. In the meantime check your wife's credit report to see if the debt is reflecting on the report or not. If it is then ask them for validation. If they cannot validate the debt then you may dispute the debt (if you are sure that it does not belong to you).

Not replying to the summon would not be a good idea.
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Keep in touch
Carol

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