Asked in Bankruptcy for Pennsylvania

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?

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2 Lawyer Answers

W. J. Winterstein Jr.

  • Bankruptcy Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

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

Timothy Denison

  • Bankruptcy Lawyer
  • Louisville, KY

A: If you were never served or it is not you, you should immediately hire examine to court file and determine the propriety of service. You may be able to have the judgment set aside.

Tim Akpinar agrees with this answer

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