Wrong Summons Served

Asked over 4 years ago - Stone Mountain, GA

Earlier this morning, I was served with a summons for a lawsuit (old debt) that my father had. I contacted the lawyers office to inform them that they had the wrong person, and all they told me was to find my father and get him to contact them and left it at that (hung up). He lives in a different county from me and really does not seem to want to contact them, we have similar names (just middle name different) but the middle name was not included in the summons. I was wondering what steps do I need to do to get this matter resolved.

Attorney answers (2)

  1. Glenn M. Lyon

    Contributor Level 15

    Answered . You will still need to file an answer to the complaint even if you are the wrong person. Then you can deal with having the lawsuit dismissed.

    If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

    The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

  2. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . They will get a default judgment if you do not answer or have your father answer.

    The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”

    You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something!

    Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer.

    I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you.

    Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3.

    Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is…

    When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully.

    Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away!

    Check out the guide I have drafted on the Avvo profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read!

    Good Luck!

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

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