Collections Law/Received Summons to answer Complaint
I was served a summons for a Complaint and Answer due within 30 days. All I received was 2 pages (1 original & 1 exact copy) of the cover sheet-stating I had to answer this Complaint-it does have the plaintiff name (Discover Bank). There is absolutely no information on what the Complaint is, account information, amount or anything. Should I check with the serving company to see if they left out some pages or how do I respond to the Plantiff with no information to answer to?
Thank you for your time and assistance.
This happens more than it should. The omission of the rest of the pages may have been intentional and it may not, but the real question is how do you respond to the complaint. I doubt that going to the sheriff or to the process server to get the rest of the papers is going to do any good, and going to the other side on an issue like this with a big bank like Discover is not reliable. The fact is, the sheriff has already told the court that you received everything even if you haven't. You need to deal with that or they will get the judgment that they are threatening. (By the way, there is also another way to get the papers that are missing, but you may not want to do that just yet if you can still use the fact that they didn't serve you to your advantage.)
So what do you do? Actually, you can make use of the fact that they didn't serve you. Rather than filing an answer, you can file a motion to dismiss the entire case because they have not served you and because they have not let you know the allegations that you are called upon to defend. At the very least it will put an obstacle in their way to getting a judgment and it will give you some additional time to deal with this right now.
I can help you with this if you like but there are some facts that you did not put in your question that I need to know so that we will know exactly how to respond. There may be some circumstances involved in your case that will allow you to get the case dismissed for additional reasons other than just the fact that they didn't serve you everything they were supposed to. I will not charge you just to talk on the phone. You are welcome to call me anytime at the number indicated below.
Jack (John) Hall