I have some questions
Date: Tue, 07/12/2011 - 09:18
What are my next steps? And is it legal to hand it to a 13 year old and say "make sure so and so get's this?"
Yes it is legal provided your son is mentally fit. You should go
Yes it is legal provided your son is mentally fit. You should go the court house and find out if any case has really been filed against your son. If the court papers are genuine, then your son need to give a reply to it within the next 20 days. You'll have to help out your son in the matter. He is only a teenager. You can visit the county courthouse website and find out the rules of civil procedure. This will help you draft a reply to the summons.
summons
Yes, I agree with good.nelly that it is legal to hand over the summons to your son, provided he is mentally fit. However, as you are confused as to the summons and the debt, you can better visit the court and try to get the details of this debt from them.
Thanks,
Marvel Becks
People....please read the posts before answering. It is NOT the
People....please read the posts before answering.
It is NOT the child being sued..... "make sure so and so get's this?" is the one being served. It has got nothing to do with being "mentally fit." In most states it is not legal for a minor to receive a summons...anyone at the residence 18 years or older can receive the summons so technically the person being sued has not be served.
You can look up the court docket online....no reason to visit a courthouse. Is the debt yours? Within SOL? What state are you in?
The debt is mine ...granted didn't think they could submit as I
The debt is mine ...granted didn't think they could submit as I was waiting on validation for CACH LLC.
ANYHOW... I checked the courts and there is nothing filed with the courts as of yet. There was no court number on the papers that the gave him so that was my first question as to what they are trying to do.
Secondly... my son is 13 and they were serving the papers supposedly on me. 13 year old are not legally bound to any debt in any state that I have seen so far so it most certainly couldn't have been his.. my question was I thought that when they "served" someone they actually had to serve the individual or attorney on their behalf meaning the actual person, certified mail or something else. My question is really is it considered a legal service to hand papers to a 13 year old boy, ask for his information and walk off leaving him standing there with something?
I am in WA state
My Two Cents
I see you are dealing with CACH (Collect America) as I am doing the same. You said that you sent them a VD letter and now they give you summons. And they asked your 13 year old son to give it to you? Crazy! I would look into your state laws under the FDCPA.
So you are still waiting validation and they decide to send you a summons? HAHA. Sorry but that is funny they wanted to pull that bullshit. I believe if you hire a lawyer or even defend yourself and tell the judge "I sent them a VD letter, here's the proof but they never replied back." Than the judge could see that as good point for your defense.