I and the insurance company are named as defendants in an accident which happened in New Mexico. They are naming me as a resident of the state, which I have never been nor have I ever visited the city in question. Do I need to respond to the alias summons or should I ignore it since none of the information provided in the complaint is true? The only accurate information is my name and the address the summons was mailed to.
Do not ignore it. Send a copy of the New Mexico complaint to your insurance company and demand that it hire counsel to defend you.
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I suggest responding
The lawyer could have the wrong person
If you know a lawyer to call for you and follow with a letter I would go that way
Other wise do that your self
If the lawyer insists on continuing the law suit
Then you need to decide whether to engage New Mexico counsel or try to do this yourself d
Unless- insurance to cover and if so then Contact on Monday and have insurance provide lawyer ASAP
Do not ignore it. Defend yourself against it. If you had insurance, and they hire an attorney, you will need to assist that attorney. In Texas we have a procedure called special appearance. This procedure in Texas must be used before filing a traditional answer denying the allegations in the lawsuit. A New Mexico licensed attorney may respond and advise if that state has a similar procedure.
An alias summons is a second try. In other words, the original summons was returned without being served.
Contact your insurance co ASAP. If you do nothing they can take judgment by default
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