Q: Being sued for debt but summons was delivered to the wrong address and not signed by me - what should my next step be?
I discovered recently that a lawsuit was filed against me due to my Discover debt. I had no knowledge that it was assigned to an attorney's office. I was on the Mecklenburg court site to verify something regarding a different situation and I seen the lawsuit information. The summons was served at the incorrect address and wasn't signed by me. The most recent note made in the case was a "motion of entry default/judgement". I would like to avoid whatever the next consequence may be.
A:
You will need to file a motion to set aside the entry of default due to faulty service under Rule 60. If it was served by mail, an affidavit from you will be required with proof of your correct address. You will likely need a lawyer to help you because there are no "forms" for this Motion or Affidavit. If it was served by a Sheriff deputy, you will need affidavits from others as well.
If this is your only legal defense - that is, if you did have a Discover account, the bills they attached were for your card, they sued you within 3 years of default (unless this is a lawsuit to renew a judgment), and you defaulted on the account only because of financial hardship - spending the money on a lawyer to help get this set aside is only a temporary fix. They can still serve you at the correct address, and proceed on. You probably want to have a bankruptcy consultation with a local lawyer in your area. Many offfer free consultations.
Do not delay in speaking to an attorney in your area for specific legal advice.
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