An envelope was just delivered to my residence with my address on the lable. My son opened it. It looks like someone is suing a company but has our address. It clearly doen't belong to us... what do we do?

You notify the person who caused the papers to be sent to you that this is NOT you. You request a letter advising you that an appearance (if this is a Summons) is not necessary. If you cannot get such a letter you must appear in Small Claims Court to explain the situation.

Easiest way is to take them to the court,show them your ID . Tell the court the were let at your address but you arenot the person listed on the summons.

And be sure someone has not stolen your ID and using your name or possible address to get credit

A company is being sued at her address - her ID is meaningless. She is not an individual being sued.

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Originally Posted by JudyKayTee

You notify the person who caused the papers to be sent to you that this is NOT you. ...

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Yes, OK. But:

Quote:

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Originally Posted by JudyKayTee

... You request a letter advising you that an appearance (if this is a Summons) is not necessary. If you cannot get such a letter you must appear in Small Claims Court to explain the situation.

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Must? What do you imagine will happen to OP, who is not the defendant, if he/she doesn't? Answer: nothing.

What do I think will happen to her? Nothing because she either gets a letter from the Plaintiff stating that she is not a party OR she goes to Small Claims Court and says she is not a party - as I stated.

The summons was served, if I am reading this correctly, on a company at her address, not her personally. I don't even know if an individual's name is on the summons. If a default is taken and it's against a company at her address and it's not her company she still doesn't have liability/responsibility.

The easier way is to solve it here and now, of course.

And that's what I think will happen now that you've asked.

Contact the attorney who originally had the summons and complaint issued and speak to them about you not being the correct party involved. You may have to go to their offices to resolve the matter in person. The court can't do anything about this or the Clerk who issued the summons and complaint. Only the attorney who filed the complaint can change this. This could be a typo the attorney's secretary made while making up the paperwork.

The problem I am having with those answers suggesting OP should either go to the court or go to the attorney's office is that these things take time and money.

It's not OP's problem. OP could simply throw the process in the trash without adverse consequence. I would, as a courtesy, call the attorney who is responsible for this error and set him or her straight. Not much more, in my opinion, is warranted.

As has been pointed out to me, you are the Attorney and I am not.

I always think it's a very bad idea not to respond to a summons. I don't agree that this is not the OP's problem. If her name/address are on those papers it is her problem - maybe not now but after the Judgment is taken.

Why make things difficult for everyone?

Straighten it out now.

I note that OP never came back. But he/she wrote that it had OP's address on it not her/his name.

If the lawsuit was against OP by name, that would be a different matter.

Neither one of us knows if the process server got the name of the individual who was served (or was this mailed?). I see the name getting dragged into it.

But, as you said, OP didn't come back and you're the Attorney.