collection agency/law firm suing me

Hi alphabits

Be sure to show your presence at the court. It's clear from the papers that you are not the person entitled to pay the account. The company is in contact with the wrong person and the judge will rule in your favor.

If you don't go to the court, things will take a contrary shape. The judge will think that the debt is legitimate and you are trying to escape it. This is one of the scare tactics of the collection agencies when they contact the person with wrong information. Many people like you don't take this matter seriously. You did the right thing by discussing here and clear your doubts. Many others fall prey to these false practices. Go to the court and put up your defense. You are in the right side!

ABSOLUTELY you need to appear in court. I work in a law firm (not giving legal advice) as a paralegal but I have seen many people ignore lawsuits filed against them and whether or not the debt is yours, as long as the collector's attorney can prove they gave you notice of the lawsuit, the judge will give them a default judgment and LEGALLY you will be responsible for the debt and it WILL show up on your credit report as a judgment. It is MUCH better to fight it now and get it put on the record that this debt does not belong to you.

The worst thing you can do is ignore a summons from court. Many people think if they ignore it, it will go away, when in fact, ignoring it makes it that much easier for the person suing to get a judgment against you and much harder for you after the fact to prove that it's not yours or dispute its validity.

thanks for the replies. i'll file my answer this week with the court..

this would be my first time going to court to defend myself....sighhh.. what would i need bring to defend myself? documentations showing who i am? credit reports?

You must take your identity proof along with the court papers served to you. You can also take your credit report. Trust me, there is nothing to worry. Take it as a new experience!! That's it! I wish I would have come along with you if that makes you feel comfortable :)

You might want to think about taking a friend or relative with you to court for moral support. I know its very scary going to court and having to talk in front of a judge. You should also think of anything you might want to ask the creditor and/or judge before you go and write your questions or concerns down on a piece of paper. Some people find that is helpful because when they get into court they get nervous and forget things. Also, make a checklist of items that you want to bring with you to court, i.e. credit report, SS card, DL, etc. and before you go to court, go through your checklist and make sure you've got everything. You don't want to show up unprepared.