Good Morning,
Yesterday after returning home from work, I opened my mailbox to find a summons from the Middlesex County Special Civil court regarding a lawsuit filed by Pressler & Pressler, LLP, New Century Financial Services. They are sueing me for an amount roughly $800 dollars including lawyer fees for a credit debt on an account I honestly have no recollection of opening or doing any business with (HSBC GM Card). I have other valid debts but upon viewing my credit report this one stuck out to me as unfamiliar and I immediately disputed it with experian denying that it was mine.in doing research about the laws regarding the issuance of a summons, I found these rules that the way this was conducted thus far seems to be in violation of.
Rule 4:4-3.By Whom Served;
Rule 4:4-4. Summons; Personal Service; In Personam Jurisdiction
From what I understand these state that a summons must be hand delivered with acknowledgement by the recipient. This was not the case with what I received.
It also states on the summons papers that I need to respond within 35 days, or a judgement may be passed against me.
I'm not sure how to begin fighting this. I have not had any previous contact with the original creditor (HSBC), any debt collection company the account was sold to initially, making no arrangements or sending any money to the company to settle the debt, nor have I had any contact with Pressler & Pressler by phone or by mail. If after the results of my dispute with Experian the debt proves to be mind, I have no problem paying it, I'm not trying to hide from debt problems, I just would like a fair oppurtunity to pay it off through debt counseling and consolidation instead of having the funds hijacked from my bank account the week that rent is due and when I need to buy food to feed my son.
Should I respond to this summons since it is not technically provable that I ever received it? I don't want to acknowledge receipt if that will have a negative impact on the proceedings from this point on. I really can't afford a lawyer and I also can't afford to have a judgement attained illegally against me and my wages garnished either. I realize this is a repeat post of many similar situations but in the other reports I've read I've seen no definitive direction that apply to the specifics in my situation such as the way the summons was delivered.
Any help is greatly appreciated. Thank you.
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