Receipt of Summons Intended for Someone Else.

Question: I received a summons from a process server that was not meant for me, but for my daughter re unpaid debts. The process server knew that I am not the person he was seeking. My daughter is an adult and no longer lives with me. What should I do if anything? I feel like I have placed myself in the middle of something that is not my business. How do I legally get myself out of the middle? What happens if I do nothing?

Answer: Your daughter should expect a bogus return of service to be filed and a default judgment to be sought. She needs to file a motion to quash. She would be well advised to get a lawyer to do this.

A summons can be served on a member of the household over 13 years of age. It cannot be served on a parent for an adult child that no longer lives with the parent.

You should send a letter with the case number and name to (1) plaintiff’s lawyer (shown on the summons) and (2) the clerk of the court, stating that the papers were delivered but that the defendant does not reside there. Use means providing proof of receipt with the lawyer.

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