RKJK308
06-27-2008, 10:16 AM
Hello,
Yesterday I received a letter in the mail stating that I was being sued for about 800 dollars over a previous debt. First off, is it required by law in the state of NJ that a summons be hand delivered and receipt acknowledged by signature by the defendant issued the summons? I only received a letter in my mailbox, and previously, was not issued nor did I acknowledged by response any notification of an attempt to deliver a summons. Second, I've searched a few databases (online) for the law firm and name of the attnory listed on my summons, and there has been zero results for licensed attorney in the state of NJ under either the law firm or the attorney's name listed. Third, I have other credit debts that ARE valid and I plan on attempting to pay off through debt consilidation as I'm trying to better my credit situation. However, this particular creditor does not look familiar to me on my credit report and I have no recollection of ever applying for a line of credit with them. It's the only account that sticks out as unfamiliar to me and I have disputed this account as of yesterday 6/26. I know very little about law, but in doing some research I found these rules applicable to any issuance of summons in the state of NJ that this summons seems to be in violation of;
Rule 4:4-3. By Whom Served;
Rule 4:4-4. Summons; Personal Service; In Personam Jurisdiction
Should I send the response requested on the summons? Will a signed response as they've requested act as the same acknowledgment required by the rules above? I don't want to make a mistake in responding if there is a chance I can have this dismissed on the basis of one of these rules being violated.
I don't know if there's any truth to this, but I've also read that some debt collectors will send letters like this posing as lawyers to intimidate and get a response with payment. There is a docket # on this summons though so I'm not sure what to make of all this. Any advice is appreciated!
Yesterday I received a letter in the mail stating that I was being sued for about 800 dollars over a previous debt. First off, is it required by law in the state of NJ that a summons be hand delivered and receipt acknowledged by signature by the defendant issued the summons? I only received a letter in my mailbox, and previously, was not issued nor did I acknowledged by response any notification of an attempt to deliver a summons. Second, I've searched a few databases (online) for the law firm and name of the attnory listed on my summons, and there has been zero results for licensed attorney in the state of NJ under either the law firm or the attorney's name listed. Third, I have other credit debts that ARE valid and I plan on attempting to pay off through debt consilidation as I'm trying to better my credit situation. However, this particular creditor does not look familiar to me on my credit report and I have no recollection of ever applying for a line of credit with them. It's the only account that sticks out as unfamiliar to me and I have disputed this account as of yesterday 6/26. I know very little about law, but in doing some research I found these rules applicable to any issuance of summons in the state of NJ that this summons seems to be in violation of;
Rule 4:4-3. By Whom Served;
Rule 4:4-4. Summons; Personal Service; In Personam Jurisdiction
Should I send the response requested on the summons? Will a signed response as they've requested act as the same acknowledgment required by the rules above? I don't want to make a mistake in responding if there is a chance I can have this dismissed on the basis of one of these rules being violated.
I don't know if there's any truth to this, but I've also read that some debt collectors will send letters like this posing as lawyers to intimidate and get a response with payment. There is a docket # on this summons though so I'm not sure what to make of all this. Any advice is appreciated!