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wrongful identification

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What is the name of your state? indiana

I was sued yesterday for $2500 by a lady who claims that I bought a house from her and apparently did not pay the closing costs. The person who really did this moved out of the home and left town. This lady, in her quest to get her money, inserted the girls name, which happens to be my name, on the internet and my address and phone # popped up. Instead of calling my phone number to verify the identity, she just slapped me with a lawsuit. After calling her, she was very aggressive, but agreed that I wasn't the person in question. She said she would drop the case, but I'm afraid that might just be a ploy so I won't show up. After calling the courts, they do not have a record of her dropping the case. Do I have any cause for a countersuit? She is disrupting my life, seeing that I have to miss a day of work to get this resolved. Not only that, will this be a part of public records so if I ever do decide to purchase a home, it'll say that I was sued for failure to pay closing costs? What should I do? By the way, this lady was very unsympathetic to me and couldn't understand why this was upsetting. Thank you for any advice...


Senior Member
TOP 10 Things That Happen At Your Small Claims Trial - -

NUMBER 10: She explains to the judge that she wants you so bad, it's worth the inevitable multi-million dollar lawsuit.

NUMBER 9: In preparation for the trial, she stays up all night harassing herself.

NUMBER 8: Halfway through trial, judge has his chair replaced with a La-Z-Boy recliner.

NUMBER 7: Judge asks new witnesses their name, address, and if they've heard any good jokes lately.

NUMBER 6: He's popping No-Doz like Chiclets.

NUMBER 5: Won't stop pounding the gavel (if you know what I mean).

NUMBER 4: He asks jury members to dress as their favorite comic book characters.

NUMBER 3: Shouts out "guilty!" and then says "just practicing".

NUMBER 2: After every bit of testimony, judge interjects, "Were you naked at the time?"

AND, THE NUMBER ONE Thing That Happens At Your Small Claims Trial - -

Halfway through her testimony, the judge starts eating a lawbook.



Senior Member
When is the trial date???

If there is sufficient time, send her a letter (certified RRR) reiterating the mistake in identity and her confession of the error. Insist that she file a "Motion to Dismiss with Prejudice" with the court with a copy to you no more than 3 days prior to the scheduled court date. Include a demand that if she fails to do so, then you will take legal action to recover YOUR damages due to her negligence (might work??). Send a copy to the court also.

Then, if she doesn't dismiss, make sure that you appear in court!! If you don't show, she will get a default judgment against you!!

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