What to Do When You Get a Fake Court Summons or Phone Call
Fake court summons and threatening debt collection calls are common scams designed to frighten you into paying money you may not owe. You can verify any summons by contacting your court clerk directly and checking for specific legal elements like proper signatures, venue information, and response deadlines. If the summons is real, you must respond before the deadline to avoid a default judgment.
Answer Your SummonsBeing served with a court summons is nerve-wracking. You receive an unexpected call or letter claiming you owe money. The document looks official, but something feels off.
You need to verify the summons before taking action. Scammers impersonate debt collectors and courts to scare you into paying. You have rights, and fake debt collectors have no power over you.
Respond to Your Debt Lawsuit Before the Deadline
Real or fake, you need to act fast when you receive a court summons. Our partner Solo helps you draft a proper legal answer and file it before your deadline expires.
Start Your Answer NowIf the summons is real, you must respond quickly. Our partner Solo helps you draft a legal answer and protect your rights in court.
How to Recognize a Fake Summons
Fraudulent debt collectors threaten you with court action to force payment. They prey on your fear and confusion. Real summons documents follow specific legal formats and contain verifiable information.
You can spot fake summons by checking key details. Do not pay anything until you confirm legitimacy.
Check the Wording on the Document
Real summons documents use specific legal language. Fake ones often lack proper terminology or contain vague threats.
Look for these elements on a legitimate summons:
- Disability Accommodations: Real summons outline provisions for disabled individuals. These include translators, sign language interpreters, and visual or auditory aids.
- Venue Information: The document must specify the exact court location. You should see the city, state, and courthouse address where your hearing will occur.
- Response Deadline: Legitimate summons include a specific date by which you must respond. The document explains how to contest the charge and penalties for missing the deadline.
Fake summons often use threatening language without these specific details. Scammers want to create panic, not inform you of your rights.
Verify the Signature Line
Real summons include a dated signature from the court clerk. Search online for your local courthouse and find the clerk’s name.
Compare the signature on your document to the actual clerk’s name. Mismatched names indicate fraud.
The summons should also include court contact information. Keep that information handy for your next step.
Contact the Court Clerk Directly
The fastest way to verify a summons is calling the court. Real lawsuits must be processed through the court system. The clerk’s office maintains records of all active cases.
Provide the court clerk with the case number and party names. You will get immediate confirmation about the lawsuit’s legitimacy.
If the clerk finds no record, you have received a fake summons. Report the fraud to the Federal Trade Commission immediately.
How to Handle Threatening Phone Calls
Debt collectors often use intimidation tactics during phone calls. Fake collectors threaten wage garnishment or immediate legal action. These threats are illegal before obtaining a court judgment.
You have power in these situations. Ask questions and demand proof of the debt.
Request written documentation showing you owe the money. Real collectors must provide validation within five days of initial contact. Fake collectors cannot produce legitimate paperwork.
Ask for the following information:
- The original creditor’s name
- The exact amount owed
- Proof of your signed contract or agreement
- The collector’s company name, address, and license number
Scammers typically cannot answer these questions. Hang up and report the call to authorities.
You Do Not Need an Attorney to Verify
Hiring an attorney to verify a summons is usually unnecessary. The court clerk can confirm case details for free.
Bring your summons document to the courthouse. Ask the clerk to look up the case number in their system.
Consider hiring an attorney only if the court cannot help you. Some clerk’s offices experience delays or heavy backlogs. An attorney can expedite the verification process in these situations.
What to Do With a Confirmed Fake Summons
Creating or distributing fake court documents is illegal. California Penal Code 527 PC criminalizes selling, printing, or distributing fraudulent court orders. Most states have similar laws.
Take these steps after confirming the summons is fake:
- Report the incident to the Federal Trade Commission
- File a complaint with your state attorney general
- Report the scam to local law enforcement
- Keep copies of all fraudulent documents you received
Never pay money on a fake debt. You owe nothing to scammers.
How to Respond to a Real Summons
A verified summons requires immediate action. You must file a written answer with the court before the deadline.
Our partner Solo walks you through creating a proper legal response. Follow these six tips for drafting a winning answer:
1. Keep Your Answer Simple and Direct
Your answer is not the place for detailed explanations. The burden of proof falls on the plaintiff, not you.
You only need to respond to each claim in the complaint. Save your detailed story for later stages of the lawsuit.
2. Deny Claims Strategically
Most attorneys recommend denying as many claims as possible. Each denial forces the debt collector to prove their case.
Collectors often lack sufficient documentation. Many will dismiss cases rather than produce required evidence.
3. Include Affirmative Defenses
Affirmative defenses explain why the collector cannot win. Common defenses include:
- The debt exceeds the statute of limitations
- You were sued in the wrong county or state
- You never received proper notice of the lawsuit
- The collector cannot prove you owe the debt
These defenses strengthen your case significantly. Include a dedicated section for affirmative defenses in your answer.
4. Use Professional Formatting
Your answer must look clean and professional. Use standard fonts like Times New Roman or Arial in 12-point size.
Include a caption with the court name, parties, and case number. Follow the same format as the original complaint.
5. Add a Certificate of Service
The certificate of service proves you sent your answer to the plaintiff’s attorney. Include the address you used and how you sent it.
Courts require this certificate. Missing it could result in rejection of your entire answer.
6. Sign the Document
Almost all courts require your signature on the answer. Check whether your court accepts electronic signatures or requires handwritten ones.
An unsigned answer will be rejected. Double-check this requirement before filing.
File Your Answer Before the Deadline
You typically have 14 to 30 days to file your answer. Check your summons for the exact deadline.
Missing the deadline results in a default judgment against you. The collector wins automatically and can garnish your wages or freeze your bank account.
Our partner Solo helps you draft, review, and file your answer on time. You can print and mail the forms yourself or have them filed electronically.
Protect Yourself From Future Scams
Scammers constantly develop new tactics. Stay vigilant and remember these key points:
- Real debt collectors must send written validation within five days
- No one can garnish your wages without a court judgment
- You have the right to request debt verification
- Threatening or abusive language violates federal law
- You can demand collectors stop calling you
Keep records of all communications with debt collectors. Save letters, voicemails, and notes from phone conversations.
Knowledge protects you from scams. Share this information with friends and family who might be targeted.