I would verify that it in fact is a legitimate service and a legitimate summons there have been complete fake operations busted over the last few years. You can verify the legitimacy of the filing with the courthouse.
@Anonymous wrote:someone delivered a form to my mother at work. we work for the same company however i am in a different department. So since i was not around.....they gave it to her. not sure what the form is but it says its a summons & complaint. the plaintiff is evergreen professional recoveries for a medical bill of $2258.85. They added interest and fees which brings the total to $3246.92. I don't even know where this bill came from. Can someone help me on what steps i should take. Here is what the form says:
A lawsuit has been started against you in teh above entitled court by Evergreen Professional Recoveries, Inc. plaintiff. Plaintiff's claim is stated in the written complain, (sated below this summons), a copy of which is served upon you with this summons. In order to defend against this lawsuite, you must respond to the complain t by stating your defense in writing, and serve a copy upon the person signing this summons within 20 days after the service of this sumons, excluding the day of service, or a default judgment may be entered against you withou notice. A default judgement is one hwere plaintiff is entitiled to what he asks for because you have not responded. If you serve a notice of appearance on the undersigned person you are entitled to notice before a default judgement may be entered. Any response or notice of appearance which you serve on any party to this lawsuit must be filed by you with the court within 20 days of service of summons, excluding the day of service.
I'm trying to rebuild my credit and the last thing i need is a new judgement on my credit report. Please help!
I highly suspect this is fraudulent!
A lawsuit has been started <- never would be stated that way in a legal summons. Lawsuits are filed not started.
A default judgement is one hwere plaintiff is entitiled to what he asks for because you have not responded. <- NO summons I have ever seen states this!
If you serve a notice of appearance on the undersigned person you are entitled to notice before a default judgement may be entered. <- Seriously? Unless you miss the court date, there will be no default judgment. Once again, NO summons I have ever seen states this!
Also, a summons would use "date of service" not "day of service"
What is the case number? It should look something like 15CV00012345. There should be a stamp on the copy of the filing showing what day it was filed.
I would call the courthouse. If there is no case, I would contact your state AG!
Starting Score: 472In a general search, there is an Evergreen Professional Recoveries that is listed as a CA. Unless they have purchased the debt, they have no standing to sue.
Still looks hokey....may be an illegal collection tactic.
@Anonymous wrote:Should I ask Evergreen Professional to send me a DV? I honestly don't remember ever having a medical bill for that much. I'm afraid to deny the debt and then they prove it is mines...will i get into legal trouble? I called the court and yes it is a real summons....i have 15 days to respond from today.
No you dont send them a DV at this point. You first need to verify its a legit lawsuit and if so file an answer as Norman has said to do then you need to ascertain if it in fact is yours or not. If it is you want to settle it out of court before a judgment is rendered and you get to deal with the PR on your report for the next 7 years as well.