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 important to file a proper response and/or motion after receiving a summons to avoid having a default judgment entered on your records. If you believe that you are not the proper person sought to be made a party to an action, and that there has been a mistake in identity, rather than a misnomer, it is possible to file a motion to dismiss the complaint and/or quash service of the summons.
A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. Since, under rules of procedure, allegations not specifically denied are deemed admitted, failure to file a responsive pleading will generally result in the entry of a default judgment against the defendant. When a complaint is filed and the defendant fails to file an answer within the applicable time period, a default judgment may be entered against the defendant.
An answer is a legally sufficient response to the allegations that have been alleged against you in the complaint. The answer will generally either admit or deny each claim made by paragraph, or state an inability to admit or deny for lack of knowledge. Defenses may also be raised. A counterclaim or cross claim may also be asserted.
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.
