On June 21st my mother received a summons that she is being sued on a Citibank account that Midland Funding bought. This account does not appear on her credit report. I called the clerk of the court and was told to send a response to the court and to the lawyer, Daniels Law Office, Quincy, MA within 20 days that this debt is not valid. The clerk of the court told me that it is up to to them to prove the validity of this debt, not my mother.
I sent the letter to Daniels Law Office registered mail with return receipt. This was sent on June 23. We received the return reciept and it showed that it was signed for on June 25.
On July 21 Daniels Law Office filed a Request for Default stating that my mother did not file an answer or otherwise defend as to the complaint. I called the clerk at the court and was told they could not file this judgement because they have the letter and that my mother was fine and that she just needs to show up at the pre trial hearing which would be more than a month away.
In this letter that Daniels Law Office sent to the court for the Request For Default it states: "WHEREFORE, the plaintiff makes application that the defendat be defaulted. Dated at Boston, MA July 21".
It also states: "signed under the pains and penalties of perjury".
My question is this, because the lawyer, Daniels Law Office filed for this judgement and clearly received my mother's response saying that this debt to the best of her knowledge is not valid and the lawyer still tried to get a default judgement could she petition the court to dismiss this case because from the filing of this judgement the lawyer comitted perjury by filing this judgement.
Any help would be greatly appreciated.
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