Legal Question in Legal Ethics in California
Law Office Got the Wrong Person
My husband received a letter
addressed to his name and
company from a law office.
Inside was a summons that a
company by a similar name in
another city was being sued. We
quickly figured out
that the law office got the company
name and address wrong on the
outside of the envelope. There is
another company by a similar name
in the same city as the law office
who is actually the defendant, but
for some reason they sent the
summons to my husband. It is a
clear mistake because the address
on the outside (ours) is different
from the one listed on the
summons. We thought this was a
simple fix, but when my husband
called the law office to let them
know, they refused to hear him out
and said there was no way they
could have made a mistake, and
they were not allowed to speak to
the defendant. The plaintiff is
1000miles away from us, anyone
who looks at the document would
know they got the wrong person.
My question is, is there someone
else we can contact (courts?) since
the law office would not hear him
out? Since my husband's name is
not actually listed on the document
(just the envelope) would it matter
if we just ignored it from here?
Thanks!
2 Answers from Attorneys
Re: Law Office Got the Wrong Person
You do not have to appear on someone else's subpoena just because the law firm mistakenly sent it to your business. This subpoena is not for you and is not enforceable against you (or the intended recipient for that matter).
You do NOT have to - and SHOULD NOT - spend money on a lawyer for this. Just ignore it.
If you really wanted to help the business being sued out, you could write a letter to the court explaining the error with the subpoena enclosed solely for the purpose of informing the court that the business in question was not properly served. That way the law firm will not be able to go into court and claim effective service.
Re: Law Office Got the Wrong Person
You should have myself or another attorney call them and write a letter, to clear up the mistaken identity. A law firm should not sue the wrong person against whom they have no legal case and not care, and force them to incur costs. Let me know if you want me to make a quick call or send a letter.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
