Help I was served yesterday and it is not me

hiya ks--you are on the right track so far. Keep on that lawyer's office, seriously. It may not legally do anything to you, but the real person's court case is proceeding now because the court thinks they were served.

Keep calling them until you get to speak to that person. I checked the code of civil procedure in Kansas, assuming thats where youre from, and didnt find anything specific to your situation. I would just keep calling the lawyer's office until you speak to the person.

I know you were in a hurry and all, but this is why it is so important in this situation to look at the info while the server is standing in front of you--they often only care about getting that paper out of their hands, and many have been known to act illegally on purpose just to do so.

just to be on the safe side you may wish to answer this summons to the court. At least that way there will be a written record of this and you will be certain that the court gets the message. A lot of CA's who sue wont care that the service went to the wrong person--all they will care about is that the court thinks the service was proper. That way, when the person doesnt show up, they get a default judgment. It is generally harder to get a judgment vacated than it is to prevent one from happening. For an answer, I would simply type a letter detailling what has taken place. Mention the date and time you were served, and the address you were served at. And then, inform the court that you have received this summons due to error on the part of the plaintiff in this case. Inform them that you are not the person named in the summons, that the middle name is different and that you reside in a different county than the one mentioned. Be sure to include any identifying information, such as case number and plaintiff vs defendant. I would have the statement notarized and send it certified mail just to be sure it gets to the courthouse where this case has been filed. You may also consider sending a copy of the letter to the law firm that you have been calling, just to further cover your six.

Please let us know how this works out

Thanks for the help! Oh I'm in Florida by the way. I did finally get through the the lawyer's office- they wanted a fax of my license which I did do. I got the impression that it's definitely not me- but he wouldn't affirm or deny it. He kept asking me if I had lived in all these places before which I hadn't. Then he asked how it is that someone with the same name as me just happens to give them my address and it not be me. I quickly told him - gee how about the internet- you put my name without the middle initial and you will get a bunch of people with that name and also their addresses.
Do you think I should go ahead and file an answer with the court- in case they don't dismiss it on time?

I would definitely send that letter to the court, just to cover your back side. Lawyers in the collection business have a reputation for not always being honest or following the law. So, in his case, it doesnt necessarily serve his best interest to actually put effort into your claim because he can just get a default judgment against the real defendant if he keeps his mouth shut.

but you dont want to do that yourself, this could actually end up affecting you. They found you incorrectly as it is, things like this have actually ended up on the wrong person's credit before.

The lawyer knows full well how they could have ended up with your address--he knows full well how skip tracing works. Skip tracing is used to try to locate someone who has moved, or whose whereabouts is unknown. They didnt do a very good job skip tracing, and in fact that lawyer's office may be the ones responsible for that. He knows whats up, he's just being a jerk, I think. In any event, you sent him your license. The burden of proof is not on you, it is on them now. They must prove that they have the right person in order to legally proceed against you, and they cannot. All these other questions are pointless, you sent him your ID and he can verify anything he needs from verifying that.

This is why I recommend sending a letter to the court--you dont know what this lawyer's thinking, and it doesnt sound like he is too terribly interested in getting this error fixed. So, tell the court whats up and cover your butt. Worst case, they set a court date. If that happens, you need to show up and bring all the info you have--document all the calls you have made, and document everything you have said to this lawyer. Document everything you have sent him. That way, the court will know that you have been trying to fix this all this time and that the plaintiff in this case did not follow proper procedure.

Thanks again. I have a letter written out. I just have to type it up. I didn't write it as an answer just a letter explaining the situation and that I had faxed a copy of my license to the lawyer. Do I have to get it notarized before I mail it off certified?
Thanks for your help! As you can tell I am clueless about all of this.

Yes, I would get it notarized, send a copy to the Attorneys office, and keep copies of everything for yourself..Good luck..KAren

Ok, I just pulled my credit report from all of the agencies and this does not show up at all. Not the account obviously since it doesn't exist but would the fact that I have been served come up? There isn't even an inquiry from the lawyer or the collection agency on it.
If it's not even listed, then they have none of my info right? So do I still have to answer them? I'm just afraid that if I do answer and I have to go to court to prove it's not me- I can't afford to drive across the state 4 hours away. I have kids and no one to watch one of them who is special needs.

I would still respond. Send the letter to the court explaining all of this, and if you can, call them to follow up. I'm thinking that once they get your answer, that they got the wrong person, nothing will come of it, but to cover yourself, answer the summons, keep copies, and be sure to send the attorneys one. That way all bases will be covered, and the attorneys will know that you aren't going to just ignore it..Karen

Be sure to follow u p on this. Just because something doesn't show up on your credit report doesn't mean it's not there.

Clients have been known to make mistakes with SSN#'s. When the client makes a mistake then the CA will make a mistake. Send proof to the court house that this is not you. If you are required to appear keep all of your paper work.