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Question
My dad has been served with a civil summons. He does not speak the language very well so I must take care of any mail that he receives. He was served with a civil summons in April of this year from a credit card company. He has never had a credit card in his life. He is 82 years old. The summons was from a debtor name CACH, LLC. Upon calling the law firm that send the summons, the originally debtor was Providian. I tried to explain to this law firm that he was never had a credit card and that maybe someone was using his ss# to apply for several cards. I also told them that several credit card companies that been in contact with us and that after explaining to them what had happened, they went and checked my father's signature against the originally application and they did not match. We never thought to file a police report since the other credit card companies say their mistake and fixed the problem. The law firm told me to send them a copy of any letter stating that the other credit card companies have taken care of the problem and I did. Now they want him to have a police report filed and sent to them. The problem is, we think that someone within the family used his ss # to open up several credit card accounts and default on them. My father does not want to get them into trouble. What can I do? I keep asking them to prove that debt is his but noone can come up with an original signature on these credit card application. What can be done so the family member is not put in jail and my father can live in peace?
P.S I have answered the civil summons and we are awaiting for the court date. I try to keep my father out of it as much as I can since he has is in very bad health.
All I can say is that if he has been served with a summons he must go to court and argue the case. If he is that old and can't speak English very well the judge or the plaintiff's lawyer should see that there is little likelihood that he could be the proper party to have been sued.
Since he can't speak english very well the court may allow you to speak for him. I can't promise that however.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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