I think what happened was FIL co signed on a note for some reason and that got mail with his name on it coming to our address. Then, when I saw the application, I saw my name and not his... and the rest is history.
Sometimes I take the long way around LOL. Call the clerk of the court and ask them what is the procedure you need to follow, when filing an answer, if you have been served a summons and your name is spelled wrong. Justice Court is a "People's Court", they should be willing to tell you what to do.
This was an honest mistake that I tried to fix and couldn't. Then, everything else happened and here we are, I just want this settled, simply and without a hassle for any of the other members of the family.
I figured that is what happened - the application invite was addressed to him. BTW - if the name thing becomes a non-issue you might consider some alternatives for fighting this whole thing. Some CA's will drop these small suits if you look like you are going to put up an ounce of a fight - they are hoping for easy default judgments.
Sure its an honest mistake, it only would become a dishonest mistake if you don't address the name issue and ignore the suit because it "belongs to someone else".
This is pretty much what I was advising...the only advantage gained is possibly buying time (deferring judgement hitting credit reports). The odds are your SS# is pretty similar to your FIL's, if you were both born in the same area. The chance exists that this is a "misspelling" aspect as well. I would suggest a "stall" tactic (on the suit) of responding that you are NOT "John Doe", but you are "JoAnn Doe", and simple request for clarification of whom are they trying to sue? (Note that summons went delivered to you). But, all this really does is buy you some time, and who knows exactly how much time. Next, negotiation of a settlement is probably the best option. Shoot for your goal of 40%-50% over time. BUT..calculate the maximum you can realistically handle (read that "live up to") BEFORE you speak to the firm. In short, know what you can live with, and can't. Understand this agency will go with whatever is the best bottom line for them. They do not want to spend more money in filing fees and time, only to sit in front of a judge and award them $10.00/month. So, figure out a "range" for your negotiations, rank from the "best you could hope for" to "absolutely cannot do that". Then talk to them BEFORE this goes to court.
There is a form attached to the rest of the documents that is boiler plate where I fill in the blanks. I am chosing I deny the allegations, and hereby request my Court date to be set and I request a Non-Jury Trial. Then that stops the clock so to speak and then the next step is the court date. ???? I did a Google on this CA too!!!! OMGoodness, I am going to need a "Depends" that day. Any other little titbits you can impart on me? I can't thank you enough for all your assistance. I feel like such a 2nd class citizen and the CA's don't help any. I guess some would default on payment just cause, but that isn't us. We were raped when we owned our own corporation in the 80's by being forced to be personl guarantors on our lease holds, in additon to the guarantees signed as officers of our corporation, and still trying to recover. My husband and I are both in 2nd careers, in our late 50's and would just like to have an ok credit report and the ability to buy something without someone signing for us. This forum has been great.
Not much I can add here, except to say good luck, I hope you get things worked out. I think jlynn's suggestion of calling the court may be best. They can advise you. Then biz's suggestion of going in with what you can really afford. See if they'll negotiate. You may need to talk to someone higher up than the collection agent.
I recommend keeping it simple, just state that "you are not "John Doe", but this summons/notice was sent to you "JoAnn Doe", and requesting clarification." I understand, and appreciate your anxiety totally. And I hope to make you feel better with this next suggestion. Understand that you are confusing, and allowing, "guilt, emotions, ethics and character to cloud your thinking and judgement. There is a difference between "right" and "Legal". You need to think of this suit only in a "legal process manner". Do you think a good attorney would say "Oh, that's okay that you're serving the wrong person, we'll take it being the good people we are!"? No way, an attorney would say, you filed this incorrectly, here's my motion to vacate, and here's my suit for wrongful suit, et al... Remind yourself that they have to follow a certian proper process, this is entirely strategic thinking, not emotional of "doing the right thing". I am not saying do the "wrong thing", I am just saying make sure you use ALL of the advantages and requirements afforded by the legal system to defend yourself. Don't let emotional thinking cloud strategic thinking.
BIZWIZ, I was born in California, my FIL in Minnesota. I don't even know is SSN. LOL Exactly, the summons did come to me, and when the constable heard the story, he didn't make me sign for it. He really didn't know what to do so he indicated on his paperwork that the defendant was deceased. On the paperwork delivered to me, it just states Delivered by: the date and the constable's name. When you negotiate, the amount quoted in the suit is $1036.78 plus $254.00 attorney fees and accrued interest. I need a ball park figure to begin with but don't have all the variables in the equation... Do I call them on the phone, write a letter or what?
Well this should make it interesting as well. Now with that being said, CA's have a variety of tools for their use, and can run your social and correct the service. IDK what the right thing to do now is. I would hate to see you shoot yourself in the foot. This is why I mentioned that if you put up an ounce of a fight, they might dismiss the whole thing. $500 balance that has doubled in a year? You might want an accounting to make sure they are not charging you fees that are not allowed by law. What interest rate is accruing? These are all things you can consider in a court hearing - just a lot of information to put on you at one time. As far as needing a Depends - if you opt to pursue this into your own name, or request clarification as mentioned by Biz, if you have time, check that court's docket and go sit in court on a few cases. Might better prepare you if you know a little bit of what to expect. Most Justice Courts also have packets of information that you can pick up from there as well. Might have some good information for you.
Low ball to start with. You can always go up on what you are willing to pay, but you can never go back down Call them on the phone if you are comfortable with that - if not write them. Is the attorney suing someone in their firm, or an independent individual? If they are independent, then you can approach this as two attorneys trying to work out an agreement (after all you are your own attorney in this matter). Regardless of what you end up doing, have everything in writing, meet all deadlines, and attend all court hearings, to make sure everything is handled as promised.
BIZWIZ: Defendantâ??s Answer Cause Number: ************* TO: Justice/Small Claims Court Precinct # 1 Angelina County, Texas Plaintiff: ******, Attorney PO Box ****** Austin, Texas ***** VS ______________________________ Defendant The name appearing on the aforementioned Cause number is John D. ... My name is JoAnn D. .... I am requesting clarification. I can be notified of further communications in this case at: XXXXXXXXX XXXXXXXXXX XXXXXXXXXX Home Telephone: XXXXXXXXXX Work Telephone: XXXXXXXXXX Thank you. JoAnn D. I am sending this to the court, right? Then they in turn send it back to the Plaintiff? Is this going to cause the plaintiff to try and file against my dead FIL???? or his estate which really no longer exists. Everything is now in my MIL name only. This entire incident transpired after his death anyway. Seems like a mute point there, but goodness knows, the law is well, different. Is there a limitations statue to keep that from happening?
I've sent a request to a mod to remove your name I don't know what types of procedures are required in Justice Court. You may need to send a copy to the attorney of record as well. You need to check with the court to see.
Wow, this detail does change things! The problem is that no one knows how the Plaintiff will react to this news. It's a crapshoot now.. Sorry, but I have to run off here, let me think a bit, and get back to you. Hopefully others will have some advice on this scenario as well.
jlynn, Well, now that my head is spinning, shooting my foot off is the least of my worries. LOL I am not sure what to do first. I have been in court before. Believe it or not, when I was in the Army, I handled courts martial proceedings for a Support Command in New Jersey. The UCMJ is very different than civilian law. Regardless, the next move is mine and that is where the quandary is. The attorney is on behalf of the CA, she is in Austin. That's about 4.5 hours away from here. I don't know the interest rate or anything anymore because all that paperwork was lost in flooding rains. My problem is the timing. If must contact the court with something by 12/16. If I write the court to clarify the name, does that stop the clock? During that time, can I write a letter requesting a settlement to the attorney?
Thanks, I didn't even catch that. I am all confused. Normally a rational thinking person. I am trying to take BIZWIZ advise and remove the emotions.... LOL the operative word here is trying.
This discussion is moving far beyond what has been established as fact. See the emphasized text, above. What does the Court's file say about the actual service? No real need to answer anything that hasn't been properly served, now is there? A trip to the courthouse might be in order to see what actually is on file. If service has yet to be claimed, then the range of options may be somewhat different. Remember, application of the law frequently revolves around the technicalities.
