 | 
12-20-2006, 07:50 PM
| | Junior Member | | Join Date: Dec 2006 Location: California
Posts: 3
| | | Summons wrong defendant with same name HELP!
What is the name of your state? California
My best friend has received a summons. This is a unlimited civil case. My friend is not involve in any way. She just has the same name as the real defendant but she is no way involve. Plaintiff's lawyer ask her to write a penalty of perjury letter about how she is not involve in any way and mail the letter back to the plaintiff's lawyer. Is the plaintiff's lawyer speaking the truth? Should she get a lawyer or go to the judge? |
12-20-2006, 10:53 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,508
| | Quote:
Originally Posted by carolsmith1234  Is the plaintiff's lawyer speaking the truth? | That is one way to try to get herself removed from the case. Quote: |
Should she get a lawyer or go to the judge?
| Nope. If she wants, she can file an answer to the lawsuit including an affidavit (written statement under oath, signed by a notary) stating that she is not the individual named in the suit, that she has no knowledge of the claim or plaintiff, etc. and ask that the court dismiss the claim against her. If they refuse or do not confirm dismissal prior to the court date, she will need to appear in court and present her 'not me' defense.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
|
12-21-2006, 01:37 AM
| | Junior Member | | Join Date: Dec 2006 Location: California
Posts: 3
| | | Which forms do I use?
Which forms would you use? How do you go about it. Can someone post a link? Thanks.
Last edited by carolsmith1234; 12-21-2006 at 01:39 AM.
|
12-21-2006, 09:20 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,508
| | | California courts have SOME standardized forms. They are located at:
[url]http://www.courtinfo.ca.gov/forms/[/url]
However, I doubt that there are any for filing an answer to a suit.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
|
12-21-2006, 10:28 PM
| | Senior Member | | Join Date: Oct 2001 Location: california
Posts: 7,789
| | | Depending on what type of lawsuit it is your friend may present the suit to her auto insurance carrier (auto accident claim) or homeowner's insurance carrier (any other claim) and they will assist her in getting removed from the case.
She can also set an appointment to meet the attorney face to face, maybe with his client/s also present, and make a determination that she isn't the person they are looking for.
__________________
Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
|
12-27-2006, 06:27 AM
| | Junior Member | | Join Date: Dec 2006 Location: California
Posts: 3
| | | Thanks
Thanks to everyone for their input. This is a personal injury case. I would think for how much money they are suing for that the lawyer would find the right person. My friend sent a general affidavit to lawyer. She just waiting now. |
12-27-2006, 08:36 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,776
| | | It's an awful waste of money to get all the way to court to find out that you've sued the wrong person; I would think the plaintiff's lawyer would be completely cooperative in removing your friend from the lawsuit before it goes to court. | |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread |  Linear Mode | | 
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off | | | |
All times are GMT -5. The time now is 10:58 PM.
