Wrong Person Served a Summons

[MistakenID]

What is the name of your state (only U.S. law)? California

I was served with a summons today. The cause of action is breach of contract. The plaintiff is a large auto loan company and the defendant is someone who purchased the car and financed it with the plaintiff (and has apparently stopped making payments).

Fortunately, I'm not guy the plaintiff is looking for. Although I have the same name as the plaintiff and live in the same general area, I am 100% certain I did not buy the car in question nor is this loan on any of my credit reports (I checked just in case).

Unfortunately, I have to clear this up. I already left a message for the plaintiff's attorney about the mix-up. But, I believe there is more I need to do to make sure I don't have a judgement render against me.

Advice would be appreciated.

 

[libra58]

What is the name of your state (only U.S. law)? California

I was served with a summons today. The cause of action is breach of contract. The plaintiff is a large auto loan company and the defendant is someone who purchased the car and financed it with the plaintiff (and has apparently stopped making payments).

Fortunately, I'm not guy the plaintiff is looking for. Although I have the same name as the plaintiff and live in the same general area, I am 100% certain I did not buy the car in question nor is this loan on any of my credit reports (I checked just in case).

Unfortunately, I have to clear this up. I already left a message for the plaintiff's attorney about the mix-up. But, I believe there is more I need to do to make sure I don't have a judgement render against me.

Advice would be appreciated.

At the very least I would in writing (sent cert. RRR )notify the court by way of answer of the identity error and ask for dismissal, CC the attorney who is doing a 3rd party collection and as such must comply with the FDCPA. Do not volunteer any personal info. to the entity attempting the collection of the debt. Also get some info. on the attny. doing the collections as there are a few well known names that can really be a pain in the arse...in that they use faulty skip traces & don't even care if the collection attempt is with the correct party..as* junk debt buyers(* purchased the debt as opposed to assignment to collect for orig. creditor *)they are perfectly happy to file judgements and ding a consumers credit report. read up on FDCPA, just in case. Seriously do not blow off contacting the court, You could end up with a default judgement against You, then You would have to file Motion to Vacate, In the meantime Your credit would be at risk. I am not an attorney, this is only My advice.