Legal Question in Sexual Harassment in California

You got the wrong person!

I received a summons as a defendent to a sexual harassment case. My name is mentioned but spelled incorrectly. I contacted the attorney on summons. He informed me that he is no longer on the case and sent me a copy of the applicable substitution of attorney. I then contacted the individual on the application, but the number is disconnected.

I was never employed by the company mention in the summons and I do not know or ever had contact with the plantiff named.

Am I supposed to respond to this summons, which was mailed to me? I can not contact the person to let them know they have the wrong person. What do I do?

Thank you


Asked on 3/04/05, 12:27 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: You got the wrong person!

The safest thing for you to do is to file an answer, generally denying all of the allegations, and then try to straighten the mess out. If you fail to answer within 30 days, she can have a default judgment entered against you and you will really be in it deep. You can obtain general denial Answer forms at the courthouse. There will be a fee to file, but better to pay the fee, than what it may cost to address the situation later.

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Answered on 3/08/05, 8:37 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: You got the wrong person!

Yes, you should be able to beat it, but you will need an attorney. I can represent you and make it go away. Contact me sooner rather than later. If you wait you may jeopardize yourself.

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Answered on 3/08/05, 11:36 pm


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