CA alters date on summons
Date: Tue, 04/22/2008 - 11:04
I was served a summons for my debt by a lawyer Farrell & Seldin representing Unifund. The due date to file my answer (where I am claiming the sol is expired) was stated April 28th. Well, I went to the court house today (April 22nd) to file my answer early because I was going to be out of town on the 28th. To my surprise, the clerk told me that TODAY was the my due date to answer. The summons on file with the court had a due date of April 22nd!
Apparently, the lawyer filed the summons and then changed the date on my copy so that I would miss the deadline. This way, he could have gotten a default judgment without my knowledge regardless of whether I answered the summons or not. What should I do now? It seems wrong to let him get away with this! who do I complain to? can I sue him for violating civil procedure?
Apparently, the lawyer filed the summons and then changed the date on my copy so that I would miss the deadline. This way, he could have gotten a default judgment without my knowledge regardless of whether I answered the summons or not. What should I do now? It seems wrong to let him get away with this! who do I complain to? can I sue him for violating civil procedure?
You can file a complaint with your state Attorney General's offi
You can file a complaint with your state Attorney General's office, the FTC, your state Bar Association and if the attorney is from another state you can file a complaint with their state Bar Association. It is clearly deceptive and unethical conduct. The attorney should be reprimanded or disbarred for that.
