Legal Question in Consumer Law in Georgia

Wrongfully summons to court

My mother and I had the same first and last name. I have been married for 9 years with a different last name. A Marshall recently served a summons to my current address of 6 years in my maiden name (same as mother's). The 10 year old debt belongs to my mother and she is in a different city, of which she has lived for over 40 years. I made payments on my mother's behalf back in June 2003, of which I believe was the last payment made on the account. I have to answer in 30 days OR should I answer if it is not my debt. What are my mother's rights in terms of SOL?


Asked on 11/30/07, 3:52 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Wrongfully summons to court

DO NOT let the thirty days go by without filing a response with the court. In it, you should plainly state that you are not the same "Jane Smith" who owes this debt, that it is actually the "Jane Smith" who lives at 123 Smith St, etc. Then call AND write a letter to the Plaintiff's lawyer, explaining the situation. He/she will want you to cooperate with providing your mother's information. You should cooperate. This is your mother's problem.

Read more
Answered on 11/30/07, 4:12 pm


Related Questions & Answers

More Consumer Law questions and answers in Georgia