Long story short- I was going out the door to a school conference today and a process server comes up to me and serves me. I just looked really quick at it- saw my name and address - I did question that it is from a county about 200 miles south of me. I didn't have to sign for it or anything- she just gave it to me. While I was gone DH looked it over. It;s not my name - it is but not the same middle initial- plus I have never had an account with Citibank- it was from some collection agency that bought it from the supposedly. It says in the suit that I am a resident of Seminole County- I've never even visited there- heck I didn't even know where it was - I had to look it up. BY the time I got home it was too late to call the court and the lawyer listed on it.
I know I have to file an answer with the court even it's not me to get into record that it's not me. I have never done that before- is there a form or something- or do you just type a response and mail it certified to the court?

Please if anyone can give me any advise I would really appreciate it.

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Mom to Katie 1/95 and Sara 5/97

I would call the court and find out. Be sure to get names, dates, numbers, everything!!! And, by all means, keep copies of everything. I would also call the collection agency and let them know you are NOT the one they are attempting to get ahold of.

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Doing the right thing isn't always the same as doing the easy thing.

I don't know Florida law but I do mortgage lien searches here in Iowa. Sometimes I run across a document in the Recorders office stating something like I am Jane Smith and my full name is Jane Judy Smith and I have never had an account with CitiBank and I am not the same Jane Smith that is listed in -state the court case number-. You might call your local recorders office (where they record the deeds) and see what they say.

Call the lawyer listed on the process and tell him he's got the wrong person and why. In Virginia you wouldn't even have to answer technically, since the service is worthless, but don't take a chance. See what the lawyer says. Most court personnel are not allowed to give you any answers about this since that would be practicing law without a license, but you might find someone that will help.

truble~ Thats great advice, I hope she can get somewhere, but she may have to file a answer. I live in VA near you and had to file on a case of mistaken identity recently using a legal aide attorney who got the case non-suited because they couldnt prove it was me who owed it or it was even owed by the other person lucky for her huh?. This person shares my maiden name and in the past I have had credit in my madein name, my home phone was listed in my maiden name in the past now its unlisted unpublsihed. I do use my maiden name hypehnated with my married. In january a default judgement was issued against me I was never served, its on my credit record and my credit record now shows two social security numbers, that I am also known as so and so and that I also lived at this other persons addy. The Legal Aide Atty has been great in helping me to fix everything, I havent once had to go to court as its hard to do with my health issues, but he is working on getting the judgement overturned on the basis of non-service and wrong identity and the Attorney for the plaintiff is being a jerk about it and keeps postponing it to get more "proof" that he was told next court date if he has no proof I signed a contract with this creditor under my SS# or the signature matches they will overturn the judgement I wanna know if its on this other persons credit report also, its just not right I get the ding for soemthing not mine. I am just waiting on the Credit Bureaus now to do their job and I hope they do it quickly as we are unfortunatley going to need to buy a new vehicle as ours needs about $3-4 thousand worth of work.

TO the OP when you call this Attorney by no means give them your SS#, you tell them you are not this person and ask them what SS# they have on file you dont want your SS# and this other "Jane Smiths" SS# to get confused. Do a search on google for "whychat" this guy has extensive info on how to fix credit and answer legal summonses. Also go to creditboards.com they have a lot of stuff there and people there that might be able to guide you they have been great to me in the past.

Also pull off a copy of your credit report to see if this shows on your credit if it does you need to get it diputed ASAP.

I believe you have a right to see what is filed at the courthouse there should be more information in the actual file, but I would ask the Court Clerk about that.

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~ Christine ~
Grammie to Trinity Lorayne Jean Keens Born June 9, 2011 Loving my awesome guitar picking 100% Country Boy boyfriend Kenny !
RIP Daddy~ 01/24/1930-06/01/2007 I miss you !
Dont Think you Can .. know you can ~ Jeff Hardy