Q: The police left a number for me to call and said they wanted to congratulate me for something and give me a gift. When I got there, they handcuffed me to a chair, processed me and gave me charges. (Pittsburgh, PA)
A: Much to the chagrin of unsuspecting Defendants out there, the police can use a degree of trickery to arrest, as long as that trickery does not violate due process and fairness. For example, they cannot use trickery to the extent that it causes someone who is not predisposed or inclined to commit a crime, to commit one. Your situation, yes, it is legal, unfortunately. Take your papers to an attorney. Perhaps you will have a defense and enjoy the last laugh.
Q: My uncle was here on visitor’s visa from India couple of years ago. He had a hospital ER visit which lead to 20k in medical bills. He had some sort of traveler’s insurance at the time of his treatment. He went back assuming the insurance would take care of the bills. However, insurance denied everything stating it was due to a pre-existing condition. I recently have received a court summons on his name mailed to my address. Since the defendant is not staying in US anymore and they cannot afford paying that huge amount, what can be done? Would I have any impact on all this? (Gibsonia, PA)
A: If you were not named in the suit, but it was just mailed to your address, you should have nothing to worry about. I have seen creditors send court papers such as complaints to several last known addresses of clients. This way they can claim they served the defendant and try to obtain a default judgment. It was probably the address he listed when in the hospital here. My suggestion is to mail the creditor a letter, both regular and certified return receipt mail. In the letter, tell them that your uncle does not live nor has ever resided at your address and to cease further contact at your address. Saving a copy of this document may help your uncle in the future if the creditor should obtain a default judgment. As far as your uncle is concerned, it is highly doubtful that they will serve him with a complaint in India. If he travels back to the U.S. they could personally serve him with the complaint, but that is very unlikely.