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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
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Experience:  Attorney
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I received a summons for credit card debt that was purchased

Customer Question

I received a summons for credit card debt that was purchased by another company I have NO idea who they are nor have I had a credit card with these people
JA: What state is this in? And when did the issue begin?
Customer: Minnesota I was provided the document yesterday someone had delviered it *delivered
JA: Has anything been officially filed? If so, what?
Customer: I don't see a case# ***** here so I'm sure if it was actually filed in the county or not
JA: Anything else you want the lawyer to know before I connect you?
Customer: It does have State of Minnesota County of Hennepin I just need to know how do I respond to them and what my rights are?
Submitted: 7 months ago.
Category: Business Law
Expert:  Lucy, Esq. replied 7 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

There are a couple of things you can do here. One is to try contacting the lawyer who filed the Summons and Complaint to explain that this has been a case of mistaken identity. If they're legitimate, they shouldn't want to sue the wrong person, and it's possible that they would file for dismissal (and send you a copy for your record).

The other option is to file an Answer, stating that you deny the allegations in the Complaint and that you do not owe this company any money. Here is more information on responding to a Complaint and Summons:

http://www.mncourts.gov/mncourtsgov/media/assets/documents/0/public/CIV301.pdf

If you're in Conciliation Court, this site has forms you can use to respond. If you're in a higher court, the forms might help you to draft a general Answer denying the allegations.

http://www.mncourts.gov/GetForms.aspx?c=10&p=42

You also might want to check your credit report, if you haven't already, to make sure there isn't a fraudulent credit card opened under your name that you didn't know about. If there was, you'll want to file a fraud report and file a dispute with the credit bureau. You can get a free copy of your credit report from www.annualcreditreport.com. If you find a fraudulent entry on your credit card, you can list fraud as a defense in the Answer.

The one thing you unfortunately cannot do is ignore the summons just because it's incorrect. A lot of shady collection agencies count on people not responding to their Complaints so they can get a judgment and start trying to collect it. If you don't defend the case, they'll automatically win. You have a right to force them to produce evidence that you owe this debt (which they won't have if you never got a credit card with them).

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 7 months ago.

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