Served with Court Papers...but something odd happened need help and advice!!! ASAP

[coltspacers]

My computer doesn't have enough ink to type everything I went through but I delt with them for 5 modifications I was doing.  They are legit so I would just call them directly and ask what it's regarding....Also, what did your house sell for and how much was owed to Wells Fargo?

[lazerz69]

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@Anonymous wrote:
Definitely contact an attorney.
For one thing, you have not been properly served according to Texas Rules of Civil Procedure, since you are an individual - that requires personal service, mail is not sufficient.

If you have a sort of common name, it might not even be you - did you ever live in the listed apartment complex or have any involvement with the listed defendant businesses in Indiana? They may have gotten your address from lexis or skiptrace, assuming you are the correct "John Smith."

Even if you are the right person, and you are named in an actual suit (which doesn't seem likely because both the style of the case and the contents of the pleading sound strange) they have to effect proper service before you can be held accountable. To me it almost sounds like a very strange attempt to scare you into making those payments, on debt that may not even be yours.

Is there a cause number at the top of the page? Every legal pleading in a state court has a cause number at the to of the page. Federal district cases have it to the right and say "U.S. District Court" at the top. It will also tell you what county it is in. Call the appropriate county clerk and give them the cause number, they'll tell you if it's real or not.

I suspect you might even have a claim of your own under FDCPA based on this.

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Except this is not a Texas case.  Therefore, Texas Rules of Civil Procedures do not apply.  Indiana may allow for service by mail.