Q: I got sued for something I never did. Discover sued me for 12k. Court preceding took place without my knowledge.
I was never given a notice and I am not aware of the 12k they are suing me for. I never took out that money or used it. What do I do?
A: Basic due process requires that in any litigation, the defendant must be served/provided (with proof of service) with the Complaint and Summons, whether in PA state or federal courts.
You should investigate, or have someone investigate, the validity of service of process in the Discover case; if it's defective, you should move to vacate any judgment by default that may have been entered.
You should also focus on the apparent identity theft underlying the "something you never did", and report that to Discover, about credit card(?) fraud.
Some of these things, you can do yourself. But I'd recommend you engage counsel to investigate and take the necessary steps to address these issues.
Not sure why you posted this question in the "Bankruptcy area". Have you filed for bankruptcy relief, or are you contemplating doing so? More facts would be needed to advise you about that.
Tim Akpinar agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.