Wendy Chastain Photography

Court summons in wrong county?

I got a call from my sister yesterday regarding certified mail which had to be picked up at the post office by me from county court, "most likely a hungry creditor." I moved from that address 2 years ago to a totally different county and changed employers. I've closed all my bank accounts and live cash only, not attempted credit checks, not gave out the identity of my employer, nor dealt with any reporting institution. Should I even care about this misinformed summons?

Yes you should care.

If it was sent certified mail then it is most likely legitimate (not all states require hand delivery of a summons)! The creditor will send it to the last known address and this is considered proper service since you signed for it. Even though it may not be an actual summons to appear in court, it could be a notice to respond to the creditors notification of their impending legal action. Failure to respond speeds up the process for application of summons to appear and makes it easier for the creditor to win.

All you can do is appear, if you fail to, then they will win a judgment by default and this will appear on your credit report for what ever time frame your state provided for. The FCRA simply states it will be reported for up to 10 years or longer if your state statues provide for a longer reporting period. (see source). In NY it can be reported for 20 years and renewed for another 20 if not paid. That means it will follow a New Yorker or 40 years!!!

Even though you may not have given out any information regarding your employer, the court will provide the creditor with your employment information (IRS has this on file) and then the creditor will seek a "writ of garnishment" from your paycheck.

As one poster mentioned, you can run but you can't hide. Best bet is to address this issue and work out some form of payment plan to avoid court.

If the debt is time barred as mentioned by another person, then yes, you would use that as your defense. Here is a link to find your states statute of limitations on debts

http://www.bcsalliance.com/statute_of_limitations_on_debt.html

NOTE: This communication is not intended as or should be interpreted as legal advice. It is intended solely as a general discussion of legal principles or definitions of the FDCPA and FCRA. Always consult an attorney if needed.

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