Please Help, Just got served a civil summons.

[albionrose]

North Carolina, I'm asking on behalf of my uncle. He is unable to read or write so he wanted me to help him with this and I dont know how. He was served with a civil summons for an unpaid medical bill. 15,856.00 is the amount. On the summons they did make a mistake, It says that he resides in a different county than where he actually does live. I was just wondering if it was possible to get it dismissed because of the mistake. And if so how? I just want to give a little more info. about this but I will try to be brief. The doctor is the one that told him to come in and get these treatments, and he told them that he had no insurance, no job, and he was on disability. and that he had no way to pay it, before they started this. He is uneducated and he didnt understand what was going on but he did tell them that he couldnt afford it, but they went ahead and did it anyway and now they are suing him. Please help!

 

[JETX]

Well, you have a problem on your hands. Depending on the summons, you might be able to get that particular lawsuit dismissed (if it was filed in the wrong venue), but to do it you will have to contact the court and advise your reason... "incorrect county". Once you do that, the Plaintiff will refile the lawsuit showing the correct county (or transfer the venue) and you will be right back to a lawsuit. Simply, the incorrect county shown in the lawsuit is not a 'fatal error' that would preclude further action.

I would suggest that you try to resolve this matter with the creditor or they will just refile the suit in the proper county.

Based on our post, it sounds like defending this action (if/when it is filed) shouldn't be done by the layperson. I would suggest that you consider talking this over with an attorney to decide the best action to take.