Kimberly in IN Posted March 11, 2010 Share Posted March 11, 2010 Hive, I need your help. I hope I can write so that this is clear. I am so dirstressed. Just received papers from Sherriff deputy for dh to appear in Small Claims Court. Being sued from a debt collector. Issue is that dh didn't incur the debt. The debt is from a local hospital, who turned past due account over to a debt collector. Debt collector is suing dh. Confirmed w/ hospital that dh is NOT the person who incurred debt. Same name, but not same person. Different ss, different birth date, different address. Not dh's signature on paperwork. Big problem, we are selling house, suppose to close next friday. How I can solve this mess? Dh is currently working in New York, all of this is in Indiana. Do we need a lawyer? Debt collector has stated they do not care if it is correct party or not. Hospital has tried to inform debt collector that they are suing wrong party. Sorry for spelling/grammar mistakes. I am a worried mess at the moment. Thanks for any help. Quote Link to comment Share on other sites More sharing options...
Perry Posted March 11, 2010 Share Posted March 11, 2010 How ridiculous. Can you call the courthouse and explain? Do you have something in writing from the hospital verifying that they're suing the wrong person? Quote Link to comment Share on other sites More sharing options...
Anne in CA Posted March 11, 2010 Share Posted March 11, 2010 Well, in a similar situation this is what I did. While I did the dishes, mopped the floor, pulled weeds by the front door I called the debt collector and complained. After I had taken up several hours of their time getting their hopes up that I would just settle it and move on I pointed out that the person on the phone made about $11.00 an hour and that I had taken all profit out of collecting a debt I knew they didn't owe, and that I would just keep doing this and that I would win in court to boot and that now I had cost them a lot of money for their little scam. They changed their mind about court when they realized that I wasn't going to give in and it would just cost them money. It is about the money. They were trying to steal from me, and I "stole" from them. Funny how indignant they were over that. Quote Link to comment Share on other sites More sharing options...
Kimberly in IN Posted March 11, 2010 Author Share Posted March 11, 2010 Thank you for your responses. This is so stressful to me. Need closing to go through. (houses are not selling in our area, having a buyer is a BIG Deal) Debt Collector said they know they have wrong party, but is more likely that dh would pay just to have this issue go away & it doesn't matter to them who pays debt. :glare: Called dh's company legal dept to explain situtation. And, debt collector called back, are dropping the suit against dh. So frustrating! But, all appears to be over. (dh is in mtgs all morning, can't wait to tell him about my morning.) Thank you again for responses and letting me vent. Quote Link to comment Share on other sites More sharing options...
JudoMom Posted March 11, 2010 Share Posted March 11, 2010 Thank you for your responses. This is so stressful to me. Need closing to go through. (houses are not selling in our area, having a buyer is a BIG Deal) Debt Collector said they know they have wrong party, but is more likely that dh would pay just to have this issue go away & it doesn't matter to them who pays debt. :glare: Called dh's company legal dept to explain situtation. And, debt collector called back, are dropping the suit against dh. So frustrating! But, all appears to be over. (dh is in mtgs all morning, can't wait to tell him about my morning.) Thank you again for responses and letting me vent. What a relief! Hope you have a smooth closing! Quote Link to comment Share on other sites More sharing options...
NicksMama-Zack's Mama Too Posted March 11, 2010 Share Posted March 11, 2010 for an unpaid bill. I did not owe it as it was supposed to be paid by an insurance agency. I wrote a letter to the court with a full, detailed explanation of what had happened (the insurance co. contacted the rental agency seeking an invoice THREE times and the agency never responded, so the insurance co. closed the case). I sent it certified to the Clerk of the Court with the case# and contact info. Shortly thereafter, I was notified that the case was dropped without me having to attend court. Don't let it upset you. It will all work out. The facts are on your side. K Quote Link to comment Share on other sites More sharing options...
OHGrandma Posted March 11, 2010 Share Posted March 11, 2010 Thank you for your responses. This is so stressful to me. Need closing to go through. (houses are not selling in our area, having a buyer is a BIG Deal) Debt Collector said they know they have wrong party, but is more likely that dh would pay just to have this issue go away & it doesn't matter to them who pays debt. :glare: Called dh's company legal dept to explain situtation. And, debt collector called back, are dropping the suit against dh. So frustrating! But, all appears to be over. (dh is in mtgs all morning, can't wait to tell him about my morning.) Thank you again for responses and letting me vent. Since you(DH) have already been served, do NOT assume this suit is dropped based on some persons word on the phone! They could be misleading you to believe it is dropped, you(DH) does not show up, and they win due to a no-show on your part! These people have already declared they don't care they are suing the wrong person. Do you trust them to tell you the truth now? Please check with the courthouse to see if it is still on the docket. Quote Link to comment Share on other sites More sharing options...
Kimberly in IN Posted March 11, 2010 Author Share Posted March 11, 2010 Since you(DH) have already been served, do NOT assume this suit is dropped based on some persons word on the phone! They could be misleading you to believe it is dropped, you(DH) does not show up, and they win due to a no-show on your part! These people have already declared they don't care they are suing the wrong person. Do you trust them to tell you the truth now? Please check with the courthouse to see if it is still on the docket. Thank you! Yes, I will be checking that the case is off the schedule. Also need to make sure that none of this is on his credit record as we will be mortgage shopping. Scary how a debt collection agency can just pick someone to sue. Same name but different address, different ss number, different birthdate. Debt collection co had never even contacted us before now. No phone call, nothing in the mail, just a sheriff at the door serving papers. We are fortunate the hospital (where debt was incurred) immediately recognized that dh was not the correct person. Very scary. Address that the real person gave does not exist, would be a parking lot. Guess they meant to defraud hospital. Will admit, saw sheriff at the front door and my first thought was someone accused us of something b/c we homeschool. :lol: Quote Link to comment Share on other sites More sharing options...
Tap Posted March 11, 2010 Share Posted March 11, 2010 You may want to call all 3 credit reporting bureaus to make sure it isn't on your credit report. I would also call the debt collection agency and ask for them to send you documentation that they have the wrong person and are dropping the case. I have heard many stories where a debt issue was settled with a collection agency, and then the debt data was sold to another debt collection agency, and the process started all over again. Quote Link to comment Share on other sites More sharing options...
KidsHappen Posted March 12, 2010 Share Posted March 12, 2010 Personally I would have told the sherriff that he had served the wrong person. I would make sure it is no longer on the docket but if it is simply show up and explain to the judge that you are not that person. Even if they win the case, they would win against the other person with the same name but different ss # (in other words- a different person), right? The FBI once had reason to look for a person of the same name as my hubby who was married to a person of my same name. Imagine trying to explain to the FBI that no, no you have the wrong person and yes it is an amazing coincidence that my wife has the same name as the wife of the person you are looking for. :glare: Quote Link to comment Share on other sites More sharing options...
Pink Fairy Posted March 12, 2010 Share Posted March 12, 2010 Your story reminds me of what happened to us a few years ago. On a regular basis we would receive notices from different counties that my dh was behind on his child support. Turns out, a man with a similar (but not exactly the same) name had fathered a number of children and wasn't meeting his responsibilities. It was so irritating, because in addition to having a different name, this man was a different age, a different race, and had a different social security number. We had to go through the whole rigamarole of proving this three or four times. I guess the guy finally stopped reproducing, because we haven't heard from anyone new for quite a while. I felt (feel) so sad for the kids he made but didn't take care of. Quote Link to comment Share on other sites More sharing options...
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