Yesterday I answered my door and signed for a summons before realizing what it was. Someone with the same first and last name as me is listed as a co-defendant in a malpractice lawsuit. I am definitely not this person. According to the summons, she is a massage therapist and worked in a nearby city. I am a teacher and have never lived or worked in that city. The plaintiff is listed without an attorney and I have not been able to reach him with the phone numbers listed in the summons. This is in San Diego county and from what I have seen on the court's website, it costs almost $400 to file an answer to the summons, never mind the problems it would cause me to go to court, etc.

How do I respond to this?? Thanks for your help!

You need to contact the DA office, no one else, Explain that the process service has done improper service.

If you have a address for the process company, notify them of the same.

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Originally Posted by jandnf

How do I respond to this??? Thanks for your help!

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Hello j:

I think LOTS of people deny that they're the person named in a complaint, so I don't know whether that excuse will get you out of it. If you don't make absolutely CERTAIN that you're removed, a default judgment might be entered against you and that will cause MAJOR problems...

So, I'd hire a lawyer, and DEMAND that his fees be paid by the plaintiff...

excon

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Originally Posted by excon

Hello j:

I think LOTS of people deny that they're the person named in a complaint, so I dunno whether that excuse will get you out of it. If you don't make absolutely CERTAIN that you're removed, a default judgment might be entered against you and that will cause MAJOR problems...

So, I'd hire a lawyer, and DEMAND that his fees be paid by the plaintiff...

excon

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Here's a greenie for you Exie. I have to spread it around some more and stop giving you so many greenies for always being right(?).

Definitely do something about this NOW before things have gotten out of hand legal wise and you get nailed with a Default Judgment.