Legal Question in Personal Injury in California
Wrong person being sued
I have just been served a summons from Los Angeles claiming I was the owner or operator of a tractor trailer rig that was involved in an accident in Los Angeles in January 2007. I am being sued by the Los Angeles County Metro Transit. I have 30 days to answer the Superior court civil suit for unlimited damages. I also have a codefendant that I've never heard of. I have never owned or operated a tractor trailer rig and I have never been to Los Angeles since I had had a heart attack and bypass surgery in June 2007. I am retired and on Social Security and can not afford to fight this suit. Also, I received a letter from their lawyer about a year ago and I responed to them via email denying that I was the person they wanted. I receieved no response. The name and middle initial on the summons is the same as mine. Can you advise me as to what I need to do? Thank you.
4 Answers from Attorneys
Re: Wrong person being sued
I would call immediately the attorney listed on the summons and complaint and explain that to them. They might want you to sign an affidavit under penalty of perjury stating those facts. If that doesn't work -- ask them for an extension of time to file a response, then talk to an attorney to assist you. The last thing you need is a judgment against you for something that you had nothing to do with.
Re: Wrong person being sued
I would recommend that you seek counsel immediately as ignoring this problem could result in a default judgement against you. With that said, I do not see that this is a complicated situation since it appears to be a mistake in identity. Your lawyer should notify the Plaintiff's attorney of the mistake with some sort of hard proof, and hopefully the Plaintiff will dismiss the lawsuit against you. If the proof of the mistake is solid enough, and the Plaintiff refuses to dismiss the lawsuit against you, then at the end of the day, depending on the outcome, you may have both a malicious prosecution claim and an abuse of process claim against the Plaintiff.
I wish the best of luck.
Re: Wrong person being sued
You need to either convince the plaintiff attorney to dismiss you, by effectively using whatever facts and evidence you have to prove your claims, OR you will have to timely file responsive pleadings and motions to avoid a default judgment against you, and to try to get the court to dismiss the complaint for your reasons. Either do all this yourself, or hire an attorney to do so for you. If you have no money, contact the Lawyer Referral Service in LA to ask for an attorney willing to help at reduced or no fee. Look into getting help from Legal Aid, or from poverty law centers.
Re: Wrong person being sued
You need to either convince the plaintiff attorney to dismiss you, by effectively using whatever facts and evidence you have to prove your claims, OR you will have to timely file responsive pleadings and motions to avoid a default judgment against you, and to try to get the court to dismiss the complaint for your reasons. Either do all this yourself, or hire an attorney to do so for you. If you have no money, contact the Lawyer Referral Service in LA to ask for an attorney willing to help at reduced or no fee. Look into getting help from Legal Aid, or from poverty law centers.
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