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Same name, wrong person.

Chaska, MN |
Filed under: Litigation

Over a year ago, i was served legal papers about a case involving a girl with the same name as me being sued. I called the plaintiffs lawyer multiple times, and was assured it would be cleared up that I am not her.
Now, i just received more documents - a motion for default, proposed findings, and the plaintiffs affidavit saying that my address, to the best of his knowledge, is this girls address.
I just called their office and left a message. But, is there anything else i should do? Or just keep trying to contact the lawyer?

1. I absolutely can not afford a lawyer. 2. Besides the name, the person in the case is not me. It involves a girl who borrowed her uninsured car to a drunk friend, who then got in an accident, which injured the person in the other car. I never owned the car in question, i never lived in the city where it happended, etc. Isn't there any other way for me to go about showing this? 3. Since i already clarified to this other lawyer a year ago, that it is not me, and he said it would be cleared up, isn't he in the wrong for entering my address as the correct address on the affidavit?

Attorney Answers 4


  1. You had better hire your own lawyer if this is still going on for a year. You do not want an incorrect judgment being entered against you.


  2. I agree with the other attorney. You need to address this before you have a default judgment entered against you. Maybe a call from an attorney will convince him to dismiss the case. If it only takes a phone call it may be worth the money. Feel free to call me.

    Otherwise you should response to the motion and appear at the hearing.


  3. Contact LegalAid or SMRLS. If you meet certain income guidelines, you should be able to obtain free legal assistance.


  4. You must respond to the motion for default judgment. In other words you or someone on your behalf will need to respond to the written motion at least 9 days before the hearing and also show up for the motion hearing.

    If you don't, a judgment will be entered against you.

    I agree with the previous responses. NOTHING IS GAINED BY DELAY. Southern Minnesota Regional Legal Services or legal aid of Minnesota are two options you should pursue immediately.

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