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bparham79 · Jan 2, 2011, 04:08 PM

Hello Everyone. My wife and I received a Court Order Summons for the wrong people and are not sure how to proceed. The last name is the same as my last name, but the first names don't match. The name of the female defendant is not even remotely similar to my wife's name, and the address listed is completely different from ours.

I have no idea how or why we received it, but my landlord placed it in our mailbox.

It's obviously a case of mistaken identity. What do we do now? What our legal obligations?
Should we respond? Not respond? If we don't respond- will we be liable or will the people listed be liable?

This is incredibly aggravating. Why should we even have to waste our precious time defending ourselves from the other people's actions?

Thanks,

Brian

cdad · Jan 2, 2011, 04:20 PM

Is there a name of a lawyer on there? It sounds like they are fishing. Call the number and find out.

bparham79 · Jan 2, 2011, 04:26 PM

There is a name there and I called the number, but as it's Sunday there was no response. How do you mean fishing? For what?

-Brian

ScottGem · Jan 2, 2011, 04:28 PM

That you may be related to the defendant. Tell the attorney that you received this summons, that you are not the person listed, that it was sent to the wrong address and that the person listed has never, to your knowledge lived at the address. Do NOT tell them your name. Tell them you are calling simply calling as a courtesy to let them know the summons was delivered to the wrong place.

bparham79 · Jan 2, 2011, 04:33 PM

Thanks for the response. What a crazy legal system we have! What can possibly happen if I give them my name?

-Brian

ScottGem · Jan 2, 2011, 04:35 PM

They will assume you are covering for the defendant in the case and may continue to bother you.

But this is not a symptom of a crazy legal system.

rbilow · Jan 2, 2011, 11:35 PM

If it's not yours and not in your name I wouldn't worry about it. If it's addressed to your address then phone the number on it and tell them they have the wrong person and address. Nothing they can do legally to you. Be careful what info you tell the "Lawyer" in this day and age it may just be scheme to get money or info out of you.

DownUnder · Jan 3, 2011, 06:00 PM

Be careful and DO not give out any personal information such as social security numbers ets. As noted above they could be fishing.

bparham79 · Jan 4, 2011, 08:17 AM

Well I spoke to A. The County Clerk of Courts Office B. The Attorney for the Plaintiff and C. The Company that was suing the Defendant.

The first two were extremely rude and unhelpful, but the good news is that the Company suing the Defendant admitted to making a mistake. There sending someone to pick up the Summons today, but when I asked for something in writing I was told that, "They couldn't write a letter stating that it was to the wrong person because they have no such letter in there computer."

I have no confidence in the system and am worried this will somehow come back around and bite me in the ***.

What do you suggest? Should I take any further steps? I was told once they pick up the summons the matter was closed for me. That they don't have any personal information on me and that I couldn't suffer any consequences.

Should I write the company and request a written notice verifying that it was the wrong person?

Once again, I appreciate all the great advice. This week has been an administrative nightmare because not only am I dealing with this ****, but I have been denied my student loans for college because of a loan that doesn't exist is in imaginary default. I have verified this with my former college's financial department. I have received three letters from the Department of Education stating such plus letters from the college's financial department and am still being denied. No one knows why? When I call the Department of Education they say its fine, everything paid in full. The College I went to say it's fine, everything paid in full, but NSLDS is showing a defaulted loan that doesn't exist and I'm being denied student loans!

I'm so sick of Administrative bull****!!

Sorry for the rant. :angry: :angry: :angry:

Thanks again for all the great advice.

-Brian

ScottGem · Jan 4, 2011, 10:36 AM

I sometimes wonder why people ask us for advice then ignore it. It would have been one thing to call the attorney for the plaintiff. But anything beyond that was overdoing things. No the plaintiff will not give you such a letter. Second you should not have given them an address to come pick it up, you could have offered to mail it back to them.

I'm not surprised the attorney was rude, though I am surprised the court was, but there is nothing the court could do. Since you have done what we told you NOT to do (give info about yourself), good luck with this.