"the Court tells me that the attorney needs to serve me again" -- for what? If it's a case of identity theft, then the other guy needs to revise his pleading and serve the OTHER party again -- not you. The trick with most IDT cases is that it's exceedingly difficult to even CATCH the perpetrators. If this IS an IDT case, and the person that was served before is still at the same place, I'd be amazed. Personally, I'd call the police or FBI and report this as a possible IDT case right now, IF you have some reason to believe it may be. That'll put the brakes on whatever legal stuff might be in the works, at least for a little while. It also opens the door to possible assistance from law enforcement personnel who won't get involved in a purely civil matter that's currently pending. That means they can probably get info from the other party much faster than you can, and they don't need any court orders. If there are any shenanigans going on with the other party, they'll also probably resolve themselves if the police or FBI start poking their nose into things. I certainly wouldn't count on the other guys to do anything about possible ID Theft that would affect you in any positive manner. They just want a pound of flesh, and right now, you're looking pretty tasty to them! Besides, you're probably easier to find than any IDT perpetrators; it's also not in their interest to pursue an ID Theft "diversion" when they've got you on the hook.
I hope I didn't mislead anyone -- this is not an IDT case. This is a 4 year-old debt that belongs to me. When I told the lawyer that this was "not mine" he assumed I meant it belonged to someone else...But, I need to get moving and start the Discovery process and file an Answer, just as if I had been served properly.
I have an update on this legal matter and would appreciate any help with strategy/response that you can provide. I've heard nothing from this law firm for more than a year until last week. They sent me a letter asking me to fill out a fraud affidavit. I called the court to be sure nothing new had been filed in the Case file, and they said nothing had been filed since last year when the judge approved my motion to quash the law firm's illegal service. I just sent a validation letter to the law firm, not knowing what else to do. What are they up to? What should I do? Thank you for your help. Susanna
First I would check the court rules of procedure. Somewhere it will say something about what to do in case of lack of prosecution. Some states have rules that say that if no action is taken in a case for a year it can be dismissed and some states say 6 months. Some may have other time limits. If it isn't in your state rules go ask the clerk for the local rules of procedure then once you find out just do what the rules say has to be done to get it dismissed for lack of prosecution. Of course they will probably just refile but that will give you the opportunity to get your defense together for the next go around.
Thank you -- that's what I'll do. Appreciate the advice -- a motion to dismiss will buy me more time. I thought this thing was completely over, but they filed a lawsuit against my husband for a capital one account & that may have renewed their interest in me. My husband will be posting here to get some advice on strategy. He's been working with an attorney in Colorado who says the three-year SOL has never been tested, so there's no precedence. The law firm has produced the original application with signature. My husband wants to ask for a jury but has not done this before with discovery, etc. Do you know anything about this fraud affidavit they asked me for? Thanks, again for the help...Susanna
The fraud affidavit is a stock form often used by debt collectors in their collection efforts. I think it best that you just ignore it.
