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My son forwarded me a piece of handwritten mail with no return address, that turned out to be a summons, claiming I have been served. It was sent to his CA address. I live in TX. I have for a year. How do I respond to this?
First of all you need to file an answer to the summon, else a default judgment may be passed by the creditor. For this you need to visit the court from where you have received the summon and get a form from the clerk's office. After you file the response to the summon, you can send a debt validation letter by certified mail to check whether you owe the debt to the CA. If you get a proper debt validation, try to settle the debt outside the court, else you need not worry as the creditor cannot bring judgment without validating the debt.
It does not matter where you stay, you need to file an answer to the summon in the court from where you have received the summon. You can get the response form from the clerk's office itself. However, if you are not able to visit the court, you can appoint an attorney who can file the summon on your behalf.
The Summons came from JPMorgan Chase Legal Dept
Is this who I send the DV too?
You need to file an answer to the summon you have received by the court on behalf of JP Morgan. This is the first thing you should do. For this you need to visit the court from where the summon was sent and then get a form from the clerk's office and fill it up. If you fail to do so, the collection agency can bring out a default judgment against you and garnish your wage to recover the debt. After filing the response, you can send them a debt validation letter by certified mail to check whether you owe them the debt or not.
Can anyone tell me in this situation if a summons like this was delivered and the son never gave it to the father what would have happened? If the father would have had no knowledge of the summons then how would he have responded to it and would a default judgement been granted?
Yes, even if the father is ignorant of the summon, a default judgment can be passed by the court in favor of the plaintiff. However, the debtor has the right to file a motion to vacate the judgment within 30 days of the judgment date by filling up a form with the clerk's office in the court from where judgment order has been passed. However, it will be upto the court to accept the motion to vacate the judgment or not.
So if the father does not find out about the judgement with in 30 days he can longer vacate it? I had always thought they had to show they went through all extents to contact the debtor..mail..newpaper..summons..those types of things.