Location: Michigan
I received a court summons for an outstanding debt I have with a credit card company. According to the court website, I was “personally served” on 7/8. The documents were just left on my doorstep in the rain on a night I was not home. As it was left at a door I don’t use often, it took a few days before I discovered it. It looks like the print job was incredibly poor before it was left in the rain and it is barely legible- I literally cannot read what it is asking of me. The summons also lists my maiden name and not my current legal name. I am not knowledgeable on the subject, but it feels like I may have been improperly served.
Additionally, I have gone through all of my mail and have only found one recent letter from the creditor informing me of my debt. Over 80% of the debt had already previously been paid and I am able to settle most of the current debt & discuss payment options. Unfortunately this debt is related to a credit card my abusive late husband signed me up for that I had no knowledge of – I know there isn’t anything I can do about that, but a bummer nonetheless.
With all that info, I have a few questions:
Do I need to resolve the court summons before paying the debt or am I able to do that now?
How do I address the improper serving, illegible documentation, and use of my incorrect name?
Thank you in advance!
Comments
>but it feels like I may have been improperly served.
It sounds like you were. With the footnote that if the return of service says something about service by refusal there may be an argument.
>Do I need to resolve the court summons before paying the debt or am I able to do that now?
They are one and the same. You need to contact the attorney for the creditor. If you can’t make that out from what you have, call the local county courthouse and see if the clerk will help you find your case.
>How do I address the improper serving, illegible documentation
You can file a motion to quash service. And perhaps you should. That motion is circular. You set a hearing on your motion. They serve you at that hearing. We go to trial.
>and use of my incorrect name?
There’s no real problem with that. You can certainly ask the creditor to amend their caption to include a “n/k/a” (now know as).
Look up the case on your state court’s website. The docket will have contact information for opposing counsel. Call that law firm and get it settled. Get the settlement agreement in writing. Once settled, opposing will dismiss the case, but don’t pay until you have it in writing that upon receipt of $x by [due date], creditor will dismiss.
If you can’t get a hold of them or reach agreement, you need to file an answer by 7/29.
NAL (ex debt collection paralegal)