My brother recieved a summons and complaint notifying him of a suit by acceptance via certified mail on 12/23. On the papers, there is no case number and there is some conflicting information.
It stated he has 21 days to respond to this. It states it was issue on 10/13/06 and expires on 1/12/07. They have their attorney name listed as a Thomas D Hocking. Anyone familiar with this name? At the bottom is has a stamp date of Aug 25. There is no docket no or judge name listed. They are claiming he owes them $2055 for a bally's contract and a citibank card. My brother has never owned a citibank card and he cancelled his contract with bally's within their timeframe. It was during one of their promotional offers.
Upon looking at his credit report, this company has 4 different accounts listed on it and he has never recieved any mail from these people until this summons came via certified mail (as their servers refused to allow any of my family members to sign for the information when they came out on two prior occassions banging on our door and threatning to issue a warrant out for his arrest because of nonpayment to asset acceptance (they screamed this loud enough for our neighbors to hear as they shouted on their way back to their car which they parked in a neighbors driveway). He has filed a complaint with the ftc concerning this and will be doing so with the attorney general. He has started the dispute process with the credit bureaus.
What else should he be doing? How exactly should his answer to the court be worded and is their a form for this or can this just be a letter? He will be sending out a letter to the company via certified mail asking to vaildate these debts. We can't afford an attorney and would be appreciate of any advice you guys give.
Btw their servers (henchmen is what they looked like) came out on the saturday after thanksgiving and the second saturday of december. Both times they identified who they were representing and both times threaten to issue out a warrant for his arrest.
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