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Real summons or fake?

Date: Thu, 05/28/2009 - 21:14

Submitted by scarecrowwinces
on Thu, 05/28/2009 - 21:14

Posts: 34 Credits: [Donate]

Total Replies: 2


I was out of town and someone came to my house and gave my children a summons.

I thought summons had to be served directly to me, is it valid if it was given to my children?

It is from an attorney's office in my state (MN) and it's for an American Express account. But what is odd is that on the top it has American Express as plaintiff and my name as defendant, but it is blank where it says "Court File No."

Is this a real summons? There is no court date and no file number. Maybe I am not understanding what to do next but it just doesn't say anything about when or where I would have to show up in court.

I am going to my county courthouse tomorrow to try to figure out if something has been filed there.

Any advice appreciated. Attorney's firm is Messerli & Kramer


Even though this example is for a county in New York, it should give you some idea of what to expect on a civil summons.
"http://www.nedap.org/resources/documents/HowtoReadaSummons.pdf"

Definitely call the court and verify. If it is not, then sue the company for a gross violation of the FDCPA and collect your $1000 plus possible court costs and attorney fees.

Messerli & Kramer are horrible, so be very careful in what you say or do. They are being sued by the MN Attorney General's Office (thanks to brave Americans who filed proper complaints!) so you have some leverage, though.
"http://www.budhibbs.com/collectorpages/messerli__kramer_bud.htm"
"http://www.budhibbs.com/collectorpages/messerli__kramer.htm"


lrhall41

Submitted by Chrys Henderson on Thu, 05/28/2009 - 22:54

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