My Grandmother is being sued - I'm a bit confused...

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mofs85

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In May of last year, a summons for my Grandmother to appear in court came to my cousins house. It alleged that she owed a building products company $2000 because a check issued to them came back NSF - the check in the name of ABC Remodeling, a company that my grandmother has nothing to do with. Apparently the attorney's that are suing her are saying she signed the check, which is impossible because my grandmother cannot read or write.

My cousin is a deadbeat - he never told anyone what was going on until this past Friday were my grandmother was served "Rule to Show Cause" noticed to her address notifying her that she has court in a week. Now he lives in another state and nobody in my family has talked to him in a while and its unlikely he will come out her to court or resolve this issue for us.

My grandma was not listed on the bank account, or business name. So can they really take action against her? I talked to lawyers... they all gave similar responses that they would have to file this motion... then that motion... and I know all this is costly.

Any advise would be greatly appreciated!
 
For those of you asking how they came up with my grandma's name in the first place, this is my only explaination.... She had mail coming to my cousin's address for a period of time in the past when she financed a washer/dryer for him... this is the only connection I can make.
 
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What you will need to do is to file a Rule 60 motion to set aside the judgment for lack of service. Ask the clerk of court to print you out one from a previous case. She cannot give you legal advice but court records are public.

It seems the service was to one address but the Rule to Show Cause was to the correct address. Be sure to point that out in the motion.
 
Thank you for the reply. Obviously, I am not too knowledgable when it comes to the specifics in law, but after I file the motion, what is the process?

Would I actually have to prove that she wasn't envolved with my cousin's remodeling company? The only way I see that possible is by asking the bank to write a letter stating that she is not the owner of the account, but the bank will not provide me with such information.

Thanks in advance for the advice!
 
Now that I think about it, even if I obtained the bank's records and showed them that my grandmother wasn't on the account, it would expose my aunt as being the owner of the account (my aunt opened the account for my cousin as a favor... what a mistake!) - and I wouldn't want this burden to fall on her shoulders because she is stressed out as it is.

-Any advice would be greatly appreciated!
 
The problem is that they already have a default judgment so the bank records are immaterial at this point. You need to get the judgment set aside and then worry about it if they file again. You file the motion with the court and then the judge will hold a hearing.
 
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