Being Sued and Need to Respond to Summons

[muckiem14]

Hi.  I recieved a civil summons for a debt they say is mine.  The civil summons has no court date.  I need to respond immediately but I'm not sure how to do so.  I really dont want a judgement on my record, especially for a debt I don't know is mine.  How should I write a response? I am in KY.  Thanks for any help.

[RobertEG]

In the summons, what did the court specifically ask for in way of resonse?

[randyrhodes]

And how was that summons delivered?

[muckiem14]

The summons says "Unless a written defense is made by you or by an attorney in your behald and filed in the Clerk's Office within 20 days following the day this paper is delivered to you, judgement by default may be taken against you for the relief demanded in the attched Complaint."  Thats all. 

[muckiem14]

The summons was delivered by a county constable in person and I signed it.

[randyrhodes]

IMHO id call the court clerk FIRST and see what it pertains to and who is the plaintiff. then build my response off of that info.

[muckiem14]

Well, it pertains to an HSBC account that I dont remember having and the plaintiff is Midland Funding LLC.  I really have on idea what to say in a response to curb a judgement.  The amount is $1270.41.

[guiness56]

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@muckiem14 wrote:

Well, it pertains to an HSBC account that I dont remember having and the plaintiff is Midland Funding LLC.  I really have on idea what to say in a response to curb a judgement.  The amount is $1270.41.

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You answered your own question.  You are not aware of ever having had an HSBC account in the past.  I beleive you can ask for discovery but not sure at what point.  A DV at this time would be discovery.

[randyrhodes]

Since u indicated no court date....now this is just me....id respond and ask for a court date to be set.......if you don't remember it. you need to see what midland has as far as proof goes. send it CMRRR

[muckiem14]

Thanks for your advice guys.  Does my response need to look or be formal?  I mean, I can type it, but does it need to contain anything I might miss besides case number and the plaintiff and defendant information?