OT: I am being sued for child support

[deedeetoo]

of a child that is not mine!

I arrived home from shopping Friday afternoon to find some paper wedged into my front door. It was a summons from the State Child Support office saying that I am being held responsible for child support for a child that I've never heard of. It says I'm his mother!

I'm not this kids mother. I have never heard of this kid. It says he is living with his aunt and gives her name. I have never heard of the aunt. Actually I'm not even sure its a boy. I think so but I can't quite be sure from the name. The name on the summons is my name and address but there is a slight misspelling in the name - there is an extra letter in it.

There is a phone number of the lawyer at the state office. I called the office immediately and finally get someone on the phone. He finds the file. My social security number does not match the social security number of the mother. My birthdate does not match hers. Her name really is the same as mine except with the extra letter. He has not worked on this case so doesn't know how they made the connection to me. The lawyer working on the case wasn't in Friday but is supposed to call me on Monday.

My dh is livid. He went on the internet and found a person with this name almost immediately. She lives about 20 miles away from here. She is 26, I am 47 (the kid is 6).

The papers say I have to respond to the lawyer and file a response with the court within 20 days of being served. If we assume the day I was served was the day I found the papers (I don't use my front door every day so they might have been there for a little while) I have about 2 weeks. I think I need to find a lawyer and get a response back right away but what an unexpected headache.

 

[LadyShea]

Unless Mass is very different from other states you weren't officially served, as service has to be made in person, or by certified mail, or by a law enforcement representative and identity verified. Sticking papers in your door is NOT official service and the person who did it will not be able to prove you were served.

I would call the court, let them know these papers meant for someone else were stuck to your door in a case of mistaken identity and go from there.

You do not need to answer the summons formally as you are not the person being sued.

I am not a lawyer, if you are worried then certainly consult with one, but I would contact the court first before going to any trouble or expense.

 

[ducklite]

I would talk to the lawyer and explain you are not the person they are looking for. Get something in writing from them that they made a mistake. If they won't give you something in writing, go to court (you don't need an attorney) and tell the judge that they've got the wrong person and you want something in writing clearing you of this.

And I would NOT fax any ID, etc. over to the attorney. Frankly the burden of proof is on them, not you.

Anne

 

[theparsons]

Actually, legally you haven't been served. Service can only be accomplished by PERSONAL delivery (i.e. they personally hand you the documents), OR by certified mail that YOU must sign. Sticking the paperwork inside the door of an empty house doesn't cut it.

Ok....but that being said.....realize that the lawyer will very likely work this out with you on Monday when he's back in the office. It sounds like they have an incompetent process server. Maybe if I explain how that part of this works, you'll understand how this mistake could happen (well, sort of as it all goes back to incompetent).

The lawyer files the paperwork with the court. The lawyer hires a process server and provides them with all the information they have. The server then attempts service at the address provided....nope it's an old address, verified by neighbors or the management company. Ok...now the server has to figure out the new address. The internet is just one place they can do this, but usually a good lead, as your husband found. Perhaps when they put the information in the search engine, they left out that extra letter...and came up with you instead. Incompetent....typo.....just plain slacking in his job. I won't even go into the leaving it at the door....that's an all too common practice, but we fire process server who do this without our express permission....but often you do just leave the papers when the person is avoiding you (i.e. won't answer the door, deny they're who they are but you have neighbor verification or brought along the Plaintiff to ID them, etc). It's NOT legal process, and they can't get a default judgment against them if they don't answer....but like you, people who find these papers on their door, or the windshield of their car, or whereever, don't realize that it's not a legit service and so they proceed like it is, hire a lawyer and file a response. Once a response is filed, legal service isn't required anymore, so the object is won. Shady to do it without first attemping a few times to get you though, so that you'd have a chance to explain!

So...stop the panic. Just get ahold of the lawyer on Monday, explain things. Be prepared to perhaps need to provide some proof. The lawyer may want to see your social security card....to see it doesn't match the evidence they have for the mom. And your driver's license to show your age.....that one is harder for the real mom to have "forged" like a SSN. I know it's an inconvenience but please do try to be cooperative. Believe me, the lawyer wants to get the right person served and move on with this case. Otherwise, he'll have an angry client! So call and explain things in as calm a voice as you can......offer up your identification....even tell the lawyer that your husband was upset enough to do a little research and came up with this person with a simliar name about 20 miles away....of course you don't know if that's her, but maybe they could follow up on it.

THEN....just to be sure that your behind is completely covered......ask the lawyer to write you a letter stating that leaving the papers at your home was a mistake, that you're not who they are looking for and that you do NOT have to respond to the papers. This should give you some peace of mind, and in the event that the lawyer is just as incompetent as his server (which I doubt!) gives you documents to show the court should this matter ever come up again.

I'm sorry you have this inconvenience on your hands....but a short amount of your time should clear it up and hopefully they'll find the right mom to serve and the aunt can get some support for raising someone else's child.

Jan

 

[deedeetoo]

So you all say I haven't really been served. How can I prove this? If the person who left the papers says he served them on me and I say he didn't are they going to believe me? If I don't respond because of this I think they will issue a default judgement against me and then I will be left arguing about how I wasn't served. I'm thinking that it is easier to clean up this mess before a default judgement is issued than after.

 

[theparsons]

So you all say I haven't really been served. How can I prove this? If the person who left the papers says he served them on me and I say he didn't are they going to believe me? If I don't respond because of this I think they will issue a default judgement against me and then I will be left arguing about how I wasn't served. I'm thinking that it is easier to clean up this mess before a default judgement is issued than after.

Since you aren't even the person they want, yes, it's definitely better to just get it cleaned up. Even if for some reason you decided to respond to the summons, there are attorney fees or a lot of your own time figuring out the proper documents and procedures, plus there is a filing fee with the court. To be honest, it'd be ridiculous for you to go through all that, since the law office should be able to clear up the misunderstanding with some simple documentation from you. If the aunt says the mom is 26 and you're in your 40's...well, unless you aren't like most of us 40-somethings, you aren't going to look 26, and that coupled with a driver's license showing your age, and a social security card showing that they have a different number well.....unless the attorney is a total **** that should get you off the hook. The attorney may be skeptical at first....after all he's lied to constantly by opposing parties....but once you show your proof he better be smart enough to know he's barking up the wrong tree! If not...then hire an attorney who will then offer the same evidence and file a motion with the court for the plaintiff's attorney to pay your attorney fees, since it's obvious you aren't 26 nor do you have two SSN. Add to that, the aunt should be able to take one look at you and know it's not you. I think you're getting yourself all worked up over a mistake and need to take a deep breath...relax! I know it's hard to have to wait until Monday to talk with the attorney, but it really will be alright. No attorney wants to pursue a case against someone that isn't the right person....the court would throw it out at your first hearing, and make him pay attorney fees....and he'll be hard pressed to pass those on to his client when he's the idiot that can't compare SSN or ages on a license. Plus...you've given him a possible lead to the right person. Unless there's more that you have not told us, you have absolutely nothing to worry about.

ETA: Oh, and as far as proving the service was invalid......a good attorney knows many ways to do this. Some examples...since the server won't have "positive ID"...such as your driver's license number or your signature, or something that proves it was you personally served, then he has to write in a description of you....height, weight, hair and eye color, etc. Guessing would be tough, unless of course he went by the description he was given....of the 26 year old. Another way is to have in essence a line up.....your attorney would get several people to come to court with you and the server must positively identify you. Most times though, the court will throw out a default judgment just on your say so that you weren't served and allow you to file your response. Why....because the court is more interested in hearing both sides and determining a proper judgment than to penalize someone for not understanding the law. Now, that's not to say that you should just blow something like this off knowing you can fix it later, because it's not a cost effective solution by any means....a motion to set aside a default judgment is a lot of work for the attorney so costly, plus a filing fee......plus you'll STILL have to pay for a response to be prepared and that filing fee....plus of course an extra court appearance by your expensive attorney.....and he'll likely have time to bill for talking with opposing counsel because most courts require the attorneys to communicate to try to resolve issue before the hearing. The proving that you weren't properly served should really be used as a last resort...for when you really don't have the papers. I know it's confusing, because it's that fine line between "the means justify the ends" where the server dumps the papers hoping you'll just find them and not know you can ignore them....and the fact that you have also contacted the attorney's office saying you received the papers....but the court will still have to side with the "but it wasn't a legal serve" even though it's obvious you have the papers and isn't that the spirit of a serve anyway...for you to be notified that you have a lawsuit against you? It's some of those dumb loopholes, lol. And another problem is that the Judge is only human...if he feels you're playing games with not filing a response even though you contacted the attorney's office so you technically have the papers.....well, let's just say a smart attorney wants to save that "get out of jail free" type move for something that he needs to wiggle his way out of....not service on a technicality.

But again...none of this should matter to you....tomorrow you make a phone call....you either mail/fax or hand deliver some proof that they made a mistake, hopefully you get an apology but at least you get the peace of mind knowing it's all over and some other lady is in for a worse time than you, because she really is a deadbeat mom!

 

[ducklite]

I would NOT offer up ID. It is up to the lawyer to PROVE you are the person they are looking for, it is NOT up to you to prove it's not. Like I said, if the lawyer is a moron and won't take your word for it, tell him you'll be happy to waste his time in court, and will be bringing a letter from your OB/GYN that you were not pregnant during that time frame, and will ask the judge to sanction the lawyer for harrassing you.

Frankly I would not be at all comfortable sending a copy of my SS card or DL to some "law firm" who I hadn't hired. That just screams potential for identity theft. They can't even get their service straight, you think they are going to be bothered to protect the personal info of someone they aren't working for?

Anne

 

[ducklite]

BTW--if you do appear in court you will not have to pay any fees. You will show up and show your ID to the JUDGE, not some flim-flam lawyer. At that point the judge will apologize to you and send you on your way. There will be no cost to you and you will not need to hire an attorney to represent you.

Anne

 

[theparsons]

I would NOT offer up ID. It is up to the lawyer to PROVE you are the person they are looking for, it is NOT up to you to prove it's not. Like I said, if the lawyer is a moron and won't take your word for it, tell him you'll be happy to waste his time in court, and will be bringing a letter from your OB/GYN that you were not pregnant during that time frame, and will ask the judge to sanction the lawyer for harrassing you.

Frankly I would not be at all comfortable sending a copy of my SS card or DL to some "law firm" who I hadn't hired. That just screams potential for identity theft. They can't even get their service straight, you think they are going to be bothered to protect the personal info of someone they aren't working for?

Anne

Why would an attorney "take your word for it"? What if she WAS the deadbeat mom....do you think they all fess up to it.......of course not....our jails are full of people who still claim they are innocent.

I'd probably feel better going into the office to show my ID too...but that's not always possible if the office is far away or whatever other reasons. They aren't likely to want a copy anyway.....they just need to see it so they know you're not lying and so they can then move on and find the right mom. If they required copies, or if you can't go there personally, it's a lot better than having to proceed with a hearing and the expenses involved to get a simple mis-identification cleared up.

 

[ducklite]

Why would an attorney "take your word for it"? What if she WAS the deadbeat mom....do you think they all fess up to it.......of course not....our jails are full of people who still claim they are innocent.

I'd probably feel better going into the office to show my ID too...but that's not always possible if the office is far away or whatever other reasons. They aren't likely to want a copy anyway.....they just need to see it so they know you're not lying and so they can then move on and find the right mom. If they required copies, or if you can't go there personally, it's a lot better than having to proceed with a hearing and the expenses involved to get a simple mis-identification cleared up.

I'd rather go to court--no expenses because you don't need a lawyer in a situation like this, nor will you pay any court fees. I'd be a lot more comfortable showing my ID to the judge--and making sure the judge knew that the service was improper and the lawyer didn't do his homework and fix the situation once confronted by the person improperly served.

Anne

 

[theparsons]

BTW--if you do appear in court you will not have to pay any fees. You will show up and show your ID to the JUDGE, not some flim-flam lawyer. At that point the judge will apologize to you and send you on your way. There will be no cost to you and you will not need to hire an attorney to represent you.

Anne

Ummm...no. You can't just show up without filing papers (i.e. paying fees). While you can certainly go to the courthouse and get the blank forms and fill them out yourself to save attorney fees, you will still have to pay the court their filing fee. THe only way around that is to file financial statements showing that you live below the poverty level and should have your filing fee waived (and frankly, if you can afford internet and even think about a trip to Disney you aren't likely to qualify, lol).

You won't even know WHEN to show up...because the procedure is that the law office will wait a set amount of time after you're served to allow for you to respond (this varies by state, but is usually 20-30 days...OP can see the exact time on her papers). If you fail to respond, they can then file a request for a default judgment. But that doesn't mean they'll file that paper the day after your time runs out....it could be days, weeks, even months. And they may be eligible to request a summary judgment which means that no court hearing is even required, it's done by filing paperwork and the judge makes an order based on the papers, no appearance necessary (summary judgments have a huge set of requirements so it's not always possible, but you won't even know the request has been made until the order is entered. So it'll be too late).

But...assuming you check the court's docket and the court file every few days to learn when a hearing is happening, or to see the summary judgment request on the docket.....just showing up will NOT get your case resolved. (and do you really have the time to go to the courthouse that often...they don't give that out by telephone). The Judge MAY at his discretion grant a continuance (move the hearing date to another date) to allow you to file your response....but he doesn't even have to do that...he can enter the judgment and you'll then have to set it aside (that's the more paperwork/court fees/appearance fees, etc I mentioned earlier ). The court WILL NOT look at your evidence (your ID) without you being on the docket, (ok, they may look because you pushed it in their face, but they CANNOT act on it without you being "properly before the court") they may tell you what you have to do (prepare response, file with the court, requesting a hearing date), but some Judge's won't even do that....they'll tell you that you are not properly before the Court and to sit down and if you get pushy or demanding they'll have you escorted out (or worse). Not exactly what you want happening!

I realize that the legal system is intimidating....and even unfair, corrupt and in need of major overhaul......I totally agree....but trying to circumvent the system will never be in your best interest, unless you have a lot of time and resources to be able to try to force change (and then it's still more than most individuals should ever attempt).

The OP has a simple case of misidentification. She's already let the staff in the lawyer's office know. Now she just has to speak with the lawyer directly and clear this up. He is the ONLY one in the office that can fix it....he's the decision maker, his staff can recommend it, they can tell you that it shouldn't be a problem, blah blah, but HE is the only one that can say "ok, it's not her, either don't file the proof of service, or file the paperwork with the court to dismiss that POS if it's already been filed. She's not, however, going to be able to clear it up with an attitude of "it's your problem to prove". He'll dig his heels in because he'll think she's lying to him. And then she's causing more trouble for herself than it's worth, by far. Because he WILL proceed with trying to prove his server served the right person....he'll file for a default judgment and then the burden is on YOU to get it set aside. And while you're trying to get it set aside, he'll be attaching your wages, your bank account, putting a lien on your home....all the things he needs to do to collect on the judgment for his client. Sure...when/if you are able to prove to the court it wasn't you, and they set aside the judgment you'll get all your assets back (since I'm assuming you'll act before things like houses and cars are sold, otherwise you'll get cash but not the house). But at what harm? Your expenses went up skyhigh, you may or may not get them reimbursed....your bank account was emptied and now your bills are bouncing (you won't get that reimbursed unless you can prove the attorney acted outside the legal bounds, which with a judgment he did not). So now you're paying late fees, bounced fees, and possibly worse depending on what checks bounced. Your embarassed at work with a wage garnishment. And we haven't even discussed yet the emotional effects on your stand that it's his problem to prove. OP is obviously already stressed and it only the Complaint she's got to deal with! Imagine wondering which asset they'll take next before your hearing date comes up!

Yes...I'm well aware that the legal profession/system has flaws...and there is often attorneys who pursue things even though logic defies their action. Look at the idiot in the Duke case...he lost his career and his reputation because he couldn't see past his own ambitions to see the law clearly and it appears he even broke the law. And I know there are also lots of cases out there of prejudice that cause attorneys to be stupid....but this case.....not seeing anything to say that. It sounds like the OP hadn't ever heard of the attorney before this....she hasn't said anything that indicates she's being singled out for anything other than a mistake....and it sounds like the law office is realizing their error, but as I said before, the acting attorney is the only one that can dismiss it.

I highly recommend that the OP cooperate to get this cleared up. If she's told us the whole story, which I can only assume she has, then it's some inconvenience to her, but it'll be cleared up shortly. Play the "it's his burden to prove" card and it will be a nightmare for a long long long time. Oh....and don't forget that it will also, even if dismissed, be public record when they get a default judgment against you. The court record will show it was dismissed, but forever and ever that court record will appear in searches for your name (and if they seized your bank account, then you'll have to explain it was a mistake each time you want to open a new bank account, because the banks do check....oh, and if they put a lien on your home, that stays in the department of records too....buy another house and you get to explain away that lien....yes, easy as showing the dismissal papers...but do you want to delay your new house closing while you get certified copies?). Court searches are being used more and more for credit worthiness and even employment opportunities (not to mention if OP is politically active or has extra nosy neighbors, etc lol). You will possibly be given the chance to tell your new boss or your creditor the facts....but do you really want that headache and embarassment? When you could have cleared it up now, and there will not be any court records on YOU...just on the "spells her name differently" person? If you clear it up now.....the ONLY way that anyone will ever connect YOU with the case is if they open that court file personally....the POS will be in there, along with the revocation of it....but documents that aren't orders don't get into search engines. And will millions of court files, no one but those involved in that case will ever see that document because it never made it to the order stage with you.


It's always your choice how you handle something like this....but before you take a "prove it" attitude, please be sure you know all the consequences of your actions. Even if OP was the mom....all playing with the "I wasn't served" does is delay things......oh, and piss off the court because they've now had unnecessary hearings on their bulging at the seams docket. Not my choice.

 

[deedeetoo]

Thanks everyone for your responses. You've offered a lot of helpful information and some interesting perspectives.

I'm not as upset about this as you all seem to think. My dh is very mad about it and that is getting me more anxious than I would be on my own. I know this will get straightened out. I just hope it doesn't cost too much money. If I don't get official notification that the case has been dropped before 20 days I am going to have to respond. I am not going to play the "I was never served" card. It may be legally true but I agree that it really isn't the best course of action.

Just to clarify - I am not being sued by a private attorney. This suit was filed by the Massachusetts Department of Revenue, Child Support Enforcement Division. This is the state coming after me. The lawyer's title is "Counsel to the Commissioner". The suit itself has my street address so someone in that office made the mistake - not the process server.

 

[ducklite]

TheParsons, I was a paralegal for the county DSS office of CPS/CS years ago, and well know the way it works. If the attorney will not take the OP's word for it, then she needs to tell them to set a date in court so they can get it straightened out before the judge or hearing officer. In court the states attorney will be the one who has the burden of proof. They can't just put a support order on you without it going to court--with proper service to all parties--and the court ordering DNA testing if the party being sued for support denies maternity/paternity and the states arroney isn't willing to accept that denial. They can not order a support garnishment or judgement against someone without that person having their day in court.

I would definitely not give anyone in any social service division my personal information in a case like this. OP, DO NOT give them your employment information. Like I said, if they won't believe that they make an ignorant mistake then tell the attorney to being proceedings in family court.

Anne

 

[badblackpug]

This happened to a co-worker of mine. (he has a very common 1s and last name) He went to the court date, showed ID, and the person seeking child support identified him *in the words of Maury* "Not The Father!"

 

[webshark3]

My brother had this happen. Hit by a loan company for a car he never bought.

Like the others said DO NOT GIVE THEM YOUR INFO. Let them prove it. My brother tried working directly with the loan company, and they just "corrected" their database replacing the guilty party with HIS full name and SS#. A huge mess and took quite awhile to clear up.

 

[theparsons]

TheParsons, I was a paralegal for the county DSS office of CPS/CS years ago, and well know the way it works. If the attorney will not take the OP's word for it, then she needs to tell them to set a date in court so they can get it straightened out before the judge or hearing officer. In court the states attorney will be the one who has the burden of proof. They can't just put a support order on you without it going to court--with proper service to all parties--and the court ordering DNA testing if the party being sued for support denies maternity/paternity and the states arroney isn't willing to accept that denial. They can not order a support garnishment or judgement against someone without that person having their day in court.

I would definitely not give anyone in any social service division my personal information in a case like this. OP, DO NOT give them your employment information. Like I said, if they won't believe that they make an ignorant mistake then tell the attorney to being proceedings in family court.

Anne

Ok, I'll see your paralegal certificate and raise you one law degree, lol.

But...what you're saying in this post isn't the same as what you originally said....originally you said that you'd just show up in court to show the Judge your ID......now you're saying you'd have the attorney set a hearing date (actually the proper way is that you'd have to file your response....he's already taken his step, the next is yours if you want a hearing, or his when he takes your default, which as I described in another post is too late.).

And while it may make it a different hoop to jump through because it's the State not a private attorney, it's still the same procedure. The only thing I see more difficult for OP is getting ahold of the State attorney. Either you work it out with the attorney or you file your response. I don't think it should make any difference with talking it over and making them see they made a mistake (it still sounds like the office people agree with that already). In fact, the State would be more interested in moving on and getting the proper person served....they don't earn more money for dragging a case out....in fact their case load is so heavy they don't want any extra hearings. And if they State is seeking support it's because the Aunt is on welfare and they want the mom to reimburse some of that expense....so the sooner they get the right person served, the sooner they get an order and start getting money from her.

I don't think anyone suggested that OP give her employment information....but frankly the State can get that in the bat of an eye, so you're not hiding anything. Showing them her SSN and driver's license will be the quickest and easiest way to make this all go away. If they request a copy she can certainly bring up concerns about that being in a State file and request that if they absolutely have to have a copy that a black marker be used to mark out the last 4 digits of her SSN and the license number and her address off her driver's license. What they really need is just to compare her SSN with moms.....don't match so that's a mark....then they'll look at her photo to see it's really her....and then her age to see she's 20 years older than mom. They may run both the SSN and Driver's License just to be sure it's not fraudulent, but that all depends on the level of suspicion that OP may give them or that their state has a problem in in area. Then it should be a matter of them typing up a letter saying that they served the wrong person and that OP doesn't have to respond. End of saga.

 

[jjaly94]

and technically after three attempts they can post it on your front door. That is here in NY and they need to have proof that the person with that name lives there, whether it be the mailbox or a name on the door.

I wouldn't worry about it. Just show your ID and you will be fine.

Best of Luck!!!

 

[theparsons]

and technically after three attempts they can post it on your front door. That is here in NY and they need to have proof that the person with that name lives there, whether it be the mailbox or a name on the door.

I wouldn't worry about it. Just show your ID and you will be fine.

Best of Luck!!!

True...some states do allow that....but then either the lawyer or the court (again depends on the state) must send a copy of the same documents by certified or registered mail (again, depends on state).

Each state has it's own quirks, but the basic laws regarding service are the same.


Wondering if OP was able to talk to the attorney and clear this up yet?

 

[deedeetoo]

Here is an update for anyone interested:

I spoke to the attorney for the state yesterday. He said they are ammending the complaint to remove my address. Since the name on it isn't mine and the social security number isn't mine he says this removes all connection with me. I am not so sure since I still have that summons that was left here that says I must respond in 20 days. I think I will call back about that.

My dh called our state senator. Her office is very concerned about this and has promised to make sure it is fully resolved. They say they will make this completely go away and make sure it doesn't happen again.

So its not completely over yet but is on its way to getting resolved.

BTW, talked to an attorney here at work about the summons just being left in the door. He said they are allowed to do that if no one is home. Maybe Mass. is different than other states.

 

[justcantwait]

Process servers are allowed to make "abode" service. If they can verify that the person on the summons lives in the house, they can leave the paperwork in a secure spot (under a door, in a locked mailbox, etc) and proper service has been effectuated. It does look like every state is different though. Anyway, good luck in getting this resolved (and having proof of that!) as quickly and painlessly as possible!