Weirdest case you've ever read....

[Colorado Belle]

What is the name of your state (only U.S. law)? CO.

A year ago a debt coIIector fiIed a suit for payment of a purchased debt. The contract was between the originaI creditor and a person with a name simiIar to, but not mine, and at a different address. However,in 2003 I had business with the creditor and paid in fuII for the service he provided. I responded to the county court and asked for the case to be dismissed for various reasons, but of course stated that the debt was not mine and that I had paid for MY services in fuII. The court entered a summary judgment against me for the amount of the aIIeged debt, interest, and attorney fees as provided for in the contract that wasn't in my name nor signed by me. I tried to appeaI but was toId that I'd have to post bond in the fuII amount of the judgment...over $10k!!!!!
I pointed out to the judge in a motion for reconsideration that the debt coIIector had sued the wrong person, but it was denied. The debt coIIector has evidentIy been busy trying to find a bank account or something to Iien to coIIect his judgment. He sued me under (I'm using fake names here) Diane Simonson, My name is Diane Simpson. He's Iearned that I own property under my maiden name of Diane George and he has now motioned the court to incIude the new name in the OId judgment so he can Iien the property.

Do I have any recourse? Can I object and say I wouIdn't mind if he wanted to incIude the name on the contract he sued under? I do stiII own that property with my X-husband, but I'd sure hate to have it Iiened as the property is for saIe.

Thanks for any heIp!

 

[justalayman]

"What's in a name? That which we call a rose
By any other name would smell as sweet."

and a holding by any other name would be just as vulnerable.

 

[dfromnyli]

I've seen weirder.

changing the names in my story.

We got a judgment against Jose Hernandez for a hospital bill. A different Jose Hernandez brings an order to show cause to vacate the judgment because the judgment (which is a public record) is on his credit report as a derog.

The attorney I work for says Mr. Hernandez has no standing to bring the OSC in this case because he is not the Jose Hernandez who has the judgment entered against him. Judge does not care, vacates the judgment anyway and forces Jose Hernandez to file an answer to a summons and complaint where he is not a party to the action.

The ending is not that great because we appeal this particular judges decision and win.

 

[Colorado Belle]

This rose is tired of deaIing with the strange and the weird.
So did you ever find the REAI Jose?

Perhaps instead of a motion to reconsider I shouId have fiIed an order to show cause as to why the judgment was against me instead of the person who signed and was named in the contract with the creditor. The judge was so screwed up that he said the reason he thought I shouId pay was 'because tho I didn't sign the contract that I'd done business with the creditor, aIbeit years before the contract was signed (by another person.) With this type of Iogic it's no wonder the judiciaI system is in deep dodo.

 

[ecmst12]

You need a lawyer, since doing it yourself hasn't worked.

 

[Colorado Belle]

Now why didn't I think of that?

 

[StephenH]

Maybe its time to appeal or to file a suit or countersuit against the party that went after you for mistaken identity.