Incorrect information in summons

[casismysavior]

I live in Arizona. I received a summons for credit card debt in the amount of $650. The summons lists an account number that is incorrect, it does not even match the account number in what they have provided as Exhibit A. I am not entirely sure how to proceed, I have never been sued before, but I imagine this information should match?

 

[LdiJ]

I live in Arizona. I received a summons for credit card debt in the amount of $650. The summons lists an account number that is incorrect, it does not even match the account number in what they have provided as Exhibit A. I am not entirely sure how to proceed, I have never been sued before, but I imagine this information should match?

Does Exhibit A have an account number that actually belongs/belonged to you?

 

[casismysavior]

I think so. I know I did have an account with them, but it has been so long and I don't have any documentation anymore. Exhibit A looks to be an old statement so I would assume that is the correct account number.

 

[Taxing Matters]

I live in Arizona. I received a summons for credit card debt in the amount of $650. The summons lists an account number that is incorrect, it does not even match the account number in what they have provided as Exhibit A. I am not entirely sure how to proceed, I have never been sued before, but I imagine this information should match?

You've been served with a summons and complaint in a lawsuit. So your next step is to file an answer to the law suit. If you are sued in small claims court the small claims court may have a form you can use for the answer. (Maricopa County does, but I didn't check all of them.) You can raise any statute of limitation defense you have in the answer and if you believe the account stated in the complaint is not yours you can deny owing the money in the answer. Then it will be up to the creditor to prove the claim to the court.

 

[quincy]

I think so. I know I did have an account with them, but it has been so long and I don't have any documentation anymore. Exhibit A looks to be an old statement so I would assume that is the correct account number.

Do you know when you last made a payment on the account?

If you received a summons and complaint, you will need to file an answer to the complaint within the time allowed. You do NOT want the creditor to get a default judgment against you because you failed to answer the complaint or failed to appear in court for the hearing, especially if you think you might have a legitimate defense.

 

[casismysavior]

I believe it was sometime in 2017. The statement they provided just shows when it was charged off. I am preparing my answer currently.

 

[quincy]

I believe it was sometime in 2017. The statement they provided just shows when it was charged off. I am preparing my answer currently.

It does not appear as if there will be a statute of limitations defense for you to use (in Arizona, the statute of limitations on debt collection is 6 years from date of last payment) but responding to the complaint is the proper action for you to take.

You might be able to negotiate a lower payoff amount with the creditor before court but you still should respond to the complaint and the hearing as if no settlement can be worked out.

Good luck.