Full question:
I was served today (Sunday) a SUMMONS in the Court of Common Pleas from the County of Georgetown clocked June 22, 2009. It pertains to a non-jury collection action related to a credit card that I never had or authorized from Citi Bank for less than $4,000. For one thing, I do not live or work in Georgetown, yet this doc was clocked in Georgetown. I live and work in a different county. However, I did accept the papers and remarked that you folks work on Sundays. The plaintiff is Midland Funding LLC. After looking at the documents something seems very wrong. I had placed a credit alert several years ago on my credit file as I was a victim of identity theft. There also seems to be a Law firm involved out of Columbia SC. I want to answer this aggressively. I did speak with the law firm months ago and informed them that this account was not mine and even wrote them to that effect. They told me that I must get a police report and other stupid stuff and this would go away. The police laughed when I called them regarding this as we both know they have much larger issues to deal with. Besides my credit alerts have been in place for years now. This is set for a non-jury trial and appears headed to an alternative Dispute Resolution process? Arbitration, I do not know! However, I do feel an answer should be forthcoming. But on the other hand so they get a judgment against me in Georgetown that I have no interest or business in what so ever, how would that affect my credit report? Should I fight it or just let it go?
- Category: Civil Actions
- Subcategory: Summons
- Date:
- State: South Carolina
Answer:
It is crucial to respond to a summons to prevent a default judgment against you. If you believe you are not the person being sued and that there is a mistake in identity, you can file a motion to dismiss the complaint or quash the service of the summons. A default judgment can be entered if you do not respond within the required time, as allegations not specifically denied are considered admitted. This means failing to file an answer can lead to a default judgment.
An answer is your formal response to the claims in the complaint. It should either admit or deny each claim or state that you cannot admit or deny due to lack of knowledge. You can also raise defenses or assert counterclaims.
Since you have already communicated with the law firm and informed them that the account is not yours, it is advisable to continue pursuing this matter actively. If a judgment is entered against you in Georgetown, it could negatively impact your credit report. Therefore, it is recommended that you fight this claim rather than letting it go.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.