Wrong name on small claim documents...

[steelcityusa]

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

So, this lady is trying to sue me regarding a purchase she claims she made on Craigslist (the item ended up not working later). I got a notice from the post office today that they are trying to deliver a certified letter from the court. The thing is, the first name is incorrect (I use an alias when dealing with crazy Craigslist people) and the last name is marked as "Doe" but it has my address on it.

Can this stick to me? What happens if I don't go to the post office and try to pick up the letter, and a default judgement is given because no one showed up? The letter has the wrong name on it, so how am I even supposed to pick it up?

Any advice would be great. Thanks

 

[LdiJ]

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

So, this lady is trying to sue me regarding a purchase she claims she made on Craigslist (the item ended up not working later). I got a notice from the post office today that they are trying to deliver a certified letter from the court. The thing is, the first name is incorrect (I use an alias when dealing with crazy Craigslist people) and the last name is marked as "Doe" but it has my address on it.

Can this stick to me? What happens if I don't go to the post office and try to pick up the letter, and a default judgement is given because no one showed up? The letter has the wrong name on it, so how am I even supposed to pick it up?

Any advice would be great. Thanks

I wouldn't pick up something that is not addressed to me.

 

[Zigner]

I wouldn't pick up something that is not addressed to me.

Sure - but it's also unwise to ignore legal proceedings. And, naming a "Doe" as a defendant is certainly acceptable...

Heck, it's even happened on this very forum

 

[tranquility]

(D) United States certified or express mail service unclaimed. If a United States
certified or express mail envelope attempting service within or outside the state is returned with
an endorsement stating that the envelope was unclaimed, the clerk shall forthwith notify the
attorney of record or, if there is no attorney of record, the party at whose instance process was
issued and enter the fact and method of notification on the appearance docket. If the attorney, or
serving party, after notification by the clerk, files with the clerk a written request for ordinary
mail service, the clerk shall send by United States ordinary mail a copy of the summons and
complaint or other document to be served to the defendant at the address set forth in the caption,
or at the address set forth in written instructions furnished to the clerk. The mailing shall be
evidenced by a certificate of mailing which shall be completed and filed by the clerk. Answer
day shall be twenty-eight days after the date of mailing as evidenced by the certificate of mailing.
The clerk shall endorse this answer date upon the summons which is sent by ordinary mail.
Service shall be deemed complete when the fact of mailing is entered of record, provided that the
ordinary mail envelope is not returned by the postal authorities with an endorsement showing
failure of delivery. If the ordinary mail envelope is returned undelivered, the clerk shall forthwith
notify the attorney, or serving party.

I don't think one CAN pick up certified mail not addressed to you. I believe you have to show ID at the post office.

While naming a "doe" defendant is acceptable, once you find out the person's name you have to amend the complaint and serve the person. Just because the OP is the Doe being referenced, does not mean there can be a trial in absentia (or a default) that will be effective against the OP. If there is a simple error in the name, like a purportedly "wrong" first name, in some instances that could be a problem. Here, it is not. The OP was using the other name. Ohio, like many states, is a common law state where if you use a name in all future actions without an attempt to defraud, that is essentially your name.

So, if the complaint used the name the OP used, either that IS the OP's name and would be valid to apply any judgment against all names used by the OP; OR, the OP admits he used the name to defraud or avoid prosecution--which opens up a whole can 'o problems the OP would prefer to not deal with.

 

[LdiJ]

I don't think one CAN pick up certified mail not addressed to you. I believe you have to show ID at the post office.

While naming a "doe" defendant is acceptable, once you find out the person's name you have to amend the complaint and serve the person. Just because the OP is the Doe being referenced, does not mean there can be a trial in absentia (or a default) that will be effective against the OP. If there is a simple error in the name, like a purportedly "wrong" first name, in some instances that could be a problem. Here, it is not. The OP was using the other name. Ohio, like many states, is a common law state where if you use a name in all future actions without an attempt to defraud, that is essentially your name.

So, if the complaint used the name the OP used, either that IS the OP's name and would be valid to apply any judgment against all names used by the OP; OR, the OP admits he used the name to defraud or avoid prosecution--which opens up a whole can 'o problems the OP would prefer to not deal with.

The bolded is what I was talking about when I said that I would not pick up mail not addressed to me.

 

[steelcityusa]

Actually, the name was not used to avoid prosecution or to defraud, it was used simply because Craigslist is full of crazy assed people and I don't want them knowing my details.

Furthermore, I cannot go down to the post office and produce an ID with the name Firstname "Doe" on it, so they will not give me the letter regardless. Since I cannot pick up the letter, what next?

 

[tranquility]

Actually, the name was not used to avoid prosecution or to defraud, it was used simply because Craigslist is full of crazy assed people and I don't want them knowing my details.

Furthermore, I cannot go down to the post office and produce an ID with the name Firstname "Doe" on it, so they will not give me the letter regardless. Since I cannot pick up the letter, what next?

Yet, it is being used to avoid prosecution and, at least one person, thinks it is to defraud them. I would not go down the road of claiming the name you used is not yours.

What is next is the clerk will send you the documents in the normal mail. Read what I quoted in the previous post. That is the civil procedure when the service by certified mail is attempted, but goes unclaimed. (As opposed to refused.)

 

[steelcityusa]

Yet, it is being used to avoid prosecution and, at least one person, thinks it is to defraud them.

Do me a favor and don't reply to my post again. I've already said the name wasn't used to avoid prosecution. Nothing I've done is illegal. She bought something from me on Craigslist, altered it, it stopped working after it was altered. If I went to court, she would lose the case for sure. I'm just trying to avoid doing so because it's a waste of my time.

 

[Antigone*]

Do me a favor and don't reply to my post again. I've already said the name wasn't used to avoid prosecution. Nothing I've done is illegal. She bought something from me on Craigslist, altered it, it stopped working after it was altered. If I went to court, she would lose the case for sure. I'm just trying to avoid doing so because it's a waste of my time.

If you are that sure of yourself, mister. Call up the lady, give her your correct name so you can be properly served and defend yourself in court. You said you have nothing to lose, so do it.

Tranq was spot on and gave accurate legal information, it is just not what you wanted to hear.

tranq, I'm pouring this time.

 

[swalsh411]

Do me a favor and don't reply to my post again. I've already said the name wasn't used to avoid prosecution. Nothing I've done is illegal. She bought something from me on Craigslist, altered it, it stopped working after it was altered. If I went to court, she would lose the case for sure. I'm just trying to avoid doing so because it's a waste of my time.

That's a Judge's call to make, not yours. If what you say is true, then you have a strong cause and should have nothing to worry about. You are attempting to avoid resolving this issue through the proper channel which is the Court. Furthermore, you misrepresented yourself by lying about your name.

Think about this for a minute. If EVERBODY acted the way you do and used a fake name on Craigslist, how much longer do you think people would continue to use it? A big reason why people go on CL is that you're dealing with real local people. You damage everybody by your willful fraud.

 

[steelcityusa]

It is really pissing me off to have a bunch of strangers try to tell me that I'm defrauding people when I am not. Craigslist is a buyer beware type of place and the items I sell are tested by the buyer before they even leave my property. I give people a nick name because I've had problems with psychotic people in the past that would post my real name and address and phone number on Craigslist and try to hurt me simply because I would not give a refund on a item they decided they didn't really want to begin with or on one that they broke after buying and expected me to refund and I would not. So I protect myself now by using a nickname.

I'll just wait for it to come through regular mail or refuse to accept it because it wasn't sent to ME. If I end up going, she will lose. I have witnesses and everything. Thank you all so much for being of no actual use.