Summons for Credit Card Debt; same name, wrong person

[Anonymous]

Earlier this evening I had a processor at the door to serve a Summons.  He asked me if that was my name, address and employer.  The name and address matched but employer did not match.  He told me to contact the plantiff attorney's office and talk with them.  He said he's served another guy multiple summons because of a same last name only that the law firm swears up and down is the real guy.

So I called the attorney's office, which I dealt with before a few months ago from a letter I received basically saying they were about to sue if I didn't pay.  During the first conversation with them they confirmed it wasn't me because the date of birth and last four didn't match.  They also verbally said they would no longer contact me on the matter.  They also confirmed tonight that it wasn't me and said it probably is a family member with the same name.  I told them my father does have the same name but I don't have regular contact with him.

They told me I should give him the summons.  I don't think this is the approximate answer as they should have done a better job with their research.

I'm looking for ideas and suggestions.  I plan on calling the court clerk's office tomorrow to get the scoop on the forms and what not if I need to do a Answer.  Oh I'd love to hire and attorney and try to countersue for legal costs but I'm not sure if that's going to be worth it.

[bichonmom]

I'd talk with a lawyer if I were you. Even though it's not you, it wouldn't surprise me to find them reporting something on your CR if it's not dealt with.

If you can't afford a lawyer, I would send a certified letter, retn rect requested, to the attorney, stating that this is not you and to cease sending anything to you or contacting you in any way and to be sure anything filed with the courts is corrected.

The problem may be more with the courts at this point, because judgments show up on CRs from court records.

This post may get moved. I think you might get more help on the rebuilding thread.