California  |  Civil Rights Law

Legal Question

Asked on: 3/28/08, 8:56 pm

Summons served to wrong person

I am being sued for a car accident that I was never involved in. A private investigator came to my home to leave summons, I explained I wasn't the person he was looking for, but he still left documents. I called the plaintiff's attorney, but he says I have to prove I'm not the person involved. Apparently there were witnesses and I match the description and I'm also the only person in the phone book with my name. There are many people in the phone book with my first initial and last name, but I'm the only John Smith. My name is a pretty common name by the way. Do I have a right to ask the plaintiff's attorney to send me all evidence against me? It's just such a hassle to deal with all of this and prove that I'm the wrong guy. Shouldn't an attorney do more investigating? Is it legal to just look in the phone book and serve someone? Can I countersue for all the expenses that I'm going to incur and for the lost wages since I will have to take time off work?

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