Checked my mailbox today and found a thick envelope with no return address. The envelop was to my dad's name, which is only 1 character different from my name.

I opened the envelope and found Summons to Court papers for some credit card debt ~$7000.

I don't recognize the Credit Card Name or account # and it is my dad's name so I'm sure it has nothing to do with me and pretty sure it is my dad's.

Am I obligated to do anything here?

If I am obligated, well **** you, you ****ing dumb law. Some ******* company mistaking me and now I have to waste time trying to figure out what to do for for fear of something bad happening to my credit. Can I counter sue these bitches for headaches and wasting my time?

Enlighten me!
Thanks OOT!

I am an OOT lawyer. Divorce your dad.

You should probably give it to your father

Sort of what I was thinking....or if you're feeling saucy start a fire with the papers and make some delicious S'mores with your dad while listening to Cat Steven's 'Cat's in the Cradle' and have a good father/son moment.

I may or may not be a lawyer, and I'm certainly not giving legal advice to you....but if it were me I'd send it back via certified mail to the law firm identified in the papers with a cover letter saying something like "You sent this to me by mistake. I am not the named defendant and have nothing to do with this alleged debt. If you continue to contact me regarding this matter I reserve the right to seek all available remedies, including recovery of costs and attorneys' fees." Don't tell them you are related to the debtor. Keep a copy of your letter and the certified mail receipt.

This is good advice. However, as to the bold, you can only get attorney's fees by statute (or contract, of course, but there is no contract here). Most states have dunning laws, but continued attempts at serving papers at your address would fall far short of those.

Also, since the package was sent in the mail, I would imagine you will find a document called "Acknowledgement of Receipt." You cannot serve somebody in CA by mail, unless the defendant signs the acknowledgement (and if the Plaintiff shows it tried to personally serve your dad). So, if that is the case, you don't legally have to do anything and neither does your dad. However, it would be smart to give the package to him and also write the letter as set forth above.

Did your dad ever live at the address it was sent to?

Nootka and Oski,

Sounds like great advice to me. I will be doing this. I probably will write word for word what Nootka wrote too.

No my dad never lived at my address.

I'm in Cali and he's in Texas.

For father/son Cat Steven's moments always go with "Father and Son"

I'm not a lawyer but I thought that could matter legally. But maybe it doesn't.

Credit histories often get muddled this way. There is a very good chance your credit report has already been, you need to look into it asap. The fact that you dad is not at that adress leads me to believe your credit histories have become corrupted.

The law firm made a mistake. You're under no obligation. Apparently they tried serving your father, couldn't, and are using alternative service. I'd be expecting a certified mail attempt next.

If I were you I'd call my father and let him know you've received papers meant for him. If neither you nor he do anything he will end up w/ a default judgement against him, then if he wants to do anything about it he'll have to get a lawyer to claim improper service, blah, blah, blah, it's not worth it so he should contact the law firm and straighten this out.

+1 to checking your credit report even if you have to pay. The last thing you want is for this sort of incorrect info to be on your report.

* not meant to be taken as legal advice.

Howard is correct. When I was a bill collector I used to have these these letters sent out. That company has so many default judgments from letters going to the wrong address or a kid/current tenant...etc signing it and not notifying the correct person about it. You def should check your CB there's a very good chance he are sharing credit info. Which could be/is very bad for both of you.

Then the debtor doesn't know about it till they apply for some sort of credit and it comes up on their credit report.

Wrap it up like a gift then give it to your dad

and when he unwraps it say "YOU BEEN SERVED, BITCH"