Asked in Civil Litigation for Florida

Q: I was served a summons for small claims by 3rd party collection company, the summons did not have my legal name on it

The documents they attached also did not have my name on them, We are a family of three, a Sr, Jr and the 3rd

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2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: You did not ask any question. If you are want to know what to do about your situation, the answer is to schedule a legal consultation for review of the served documents.

Bruce Alexander Minnick agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: The big issue is this: did you incur the debt? If, for example, your name is John Doe, Senior, Or John Doe the Second, and John Doe the Third actually owes the debt, at the small claims pretrial conference you would tell the judge and the attorney for the creditor that they have the wrong person. If, on the other hand, the debt is in fact yours, the failure to use your correct name is no big deal.

Bruce Alexander Minnick agrees with this answer

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