Received summons for 2 1/2 old accident that did not happen.

Everything is wrong on it.

They have got my address mixed up with the rental address where accident was supposed to have happened. My address is 2502, nextdoor, rental or accident location is 2520
nowhere on summons does it have accident address. Couple lived there for 6 months.
Couple told or summon says she was at my location 2502 for the purpose of renting
property, walked thru my location 2502 , walked out back door and fell thru steps
and damage happened.to her leg. They were renters next door at 2520 for 4 months before this supposed to have happened.

Does all this inacurate information matter?

Fr_Chuck

It may matter, it is up to the judge, you appear in court and present your evidence and fight against any of thier evidence

rockinmommy

Was your property rented at that time? Do you have a copy of a lease showing that someone else lived there then? That would be good evidence to take with you showing that you weren't attempting to rent out your property at that time. Did these people come view your property?

Is the individual suing you? It may not be a bad idea to involve your insurance company. They will have specialized people who can investigate this type of thing and disprove their claim. It may also fall under some type of fraud and get these people in big trouble.

I'm a little confused if you think it's a clerical error with the numbers in the address being transposed, or you think these people are actually trying to make a fraudulent claim?

ScottGem

These are minor clerical points that will probably be cleared up at the hearing.

The salient facts are whether the plaintiff was injured on property owned by you, due to your negligence. Those are the facts that will concern a judge or jury.

dongiddens

No insurance, they were renters at the time ,next door, at 2520,
I have renta; receipys for nov, dec , jan.06, alledhed accident was march19 06.
They never came over to my location 2502, Summons only talks about 2502

Deffentley a fraudulent claim.

He told me she cut her leg all up but I could not find any blood on broken step..or ground.
I heard from neighbor thst it was a scam.
I had checked those steps and they were old but in fine shape enough to support
90lb girl
I had bought step and asked him where he wanted it front door or back
door and he daid oh no do not replace back door. Put it at the front door.

This summons says FACTs not minor clerical points last time I checked facts meant
facts that would be far stretch Summons says she fell thru steps at my place 2502
when they tried to sue 2 12 yrs ago it was at their place next door 2520 but i had no insurance so thry did not sue sounds like a scam to me

JudyKayTee

First, I'm an liability investigator. I investigate slips and falls (stairs, parking lots, sidewalks, public places, private residences) - which this is - all the time. Here's the other side of this and what the Plaintiff's Attorney will look at.

The fact that they rented one address does not mean she wasn't hurt at another - she very possibly went next door for whatever reason, perhaps before/after vacating the unit she rented. Unless you keep a log book of everyone who comes to your door/onto your property, I don't think that's a defense.

The fact that you found no blood means nothing. Did you take photos of the scene immediately upon being notified of the injury? At any rate, lack of blood means little.

The steps don't have to be safe for a 90 pound person (and I don't know how you tested them) - they have to be safe for a person of average weight and size in all aspects - weight bearing, handrails, pitch, uniformity. What an "average" person weighs is at the discretion of the Court.

If they tried to sue you for this exact same thing at another address, yes, it's entirely probable it's a scam.

You have no insurance on either property? If you do, your insurance company will represent and defend you vigorously.

If the neighbor has direct knowledge, a statement made by the "injured" person that this is a scam, that they faked it up and are filing a false claim, then take that person to Court with you and have him/her testify to that direct knowledge.

In the meantime - respond to the Summons within the time frame or they will get a Judgment against you.

Your statement "... last time I checked facts meant facts that would be far stretch" is unnecessarily dismissive to the people who are trying to help you. You can argue the meaning of words forever. You should be concentrating on defending against this lawsuit.

dongiddens

So it does not matter that she the one that is suing me does not know where
the fall thru the steps happened?

excon

Hello dong:

Nope, doesn't matter a bit. What matters is whether she was hurt on YOUR property - not whether she can remember the address.

excon

JudyKayTee

Right, it does not matter - unless it's deliberate fraud that you can prove. You said you have proof it's all a scam - as I suggested, take that person to Court with you. It's not going to be a test of her memory - it's going to be a matter of proving if she was or was not injured, if you own/owned steps that were or were not defective.

Otherwise the wrong address is an error. You can always respond to the Summons with a denial of an accident at that address and use that as grounds for dismissal. They will then correct the address and sue you all over again.

She either fell through steps you own or she did not. My guess would be that she has photos and medical reports. You have to counter that with your photos and your witness and a statement of how she actually was injured, if not in a fall through on your stairs.

What does the condition of the steps indicate - that she fell or didn't, at either address?

And what does your insurance carrier say?

rockinmommy

So your property was vacant at the time that the incedent supposedly occurred? So they could have been on your property w/out your knowledge?


Who is the "he" that you keep referring to? Whose steps did you check? Yours or your neighbor's?

I think I'm even more confused now. They went after the neighbor - their landlord at the time - and got nowhere. Now they are coming after you for the same "accident" only now it occurred on your property, supposedly?

Is this a small claims case, or a higher court?

So do you own both properties? You say they tried to sue 2 1/2 yrs ago but YOU had no insurance.

If you don't have any proof that this DIDN'T HAPPEN (just saying it didn't isn't proof) you might want to consult with an attorney if there's no insurance company to back you up.