Grovetown, GA asked in Civil Litigation and Collections for Georgia

Q: How do I write a letter to the judge to asking for my case to be dismissed they have named the wrong person in the suit.

Also I never knew about the account that I am being sued for never signed a contract or a summons. someone else signed the summons for me and didn't tell me about it.

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1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
  • Collections Lawyer
  • Jacksonville, FL

A: You don't. You make a motion to dismiss the case, stating your reasons. You file the original with the clerk of the court and send a copy to the plaintiff or its attorney. As to the summons - if the summons was delivered to a person authorized by law to accept it at your residence (as an example, your 21 year old daughter who lives at your house), then service is valid and the law deems you served. The fact the person accepting service didn't tell you is of no legal consequence.

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