Legal Question in Civil Litigation in California

Re: Recently served but am not the person in the complaint help

I don't think worrying helps. You should pursue your contact with the attorney by phone and fax, and make sure the default will not be taken against you. Perhaps you can engage a local attorney to do this for you at a reasonable rate.

Re: Recently served but am not the person in the complaint help

Before the plaintiff can get a default, he has to show the court that the defendant has been served. It seems the person the plaintiff is really after hasn't been served, so if the plaintiff is telling the court that someone has then guess who that someone must be.

If the default is entered and is followed by a default judgment, you will be the one against whom that judgment will be enforced. You surely don't want to let this happen.

The plaintiff's attorney seems to believe that you really are the person he intended to serve. The fact that you tried to change his mind doesn't matter since you evidently did not succeed.

You need to start fighting in order to protect your rights. If you instead simply sit back and let the process go forward, you may lose the right to challenge the default and the subsequent judgment even if you could prove that this has been a case of mistaken identity.

Re: Recently served but am not the person in the complaint help

Both attorney responses are entirely correct. You need to find out immediately why the plaintiff's attorney thinks you are the correct defendant, supply him with

proof [find out what the defendant looks like and then re-send him a copy of your driver's license and any other photo I.D. you have and if you have evidence that you were some where else on the date of the incident give him that. If that does not work [and you must do all of that within the next few days], you will need a nasty letter from an attorney [retired or semi-retired one often are less expensive

Good luck.

Re: Recently served but am not the person in the complaint help

I would speak to an attorney, and have the attorney review the court file. Each of the attorneys who have responded, and I know Mr. Geyer, and he is very proactive in a civil case.

If the attorney submitted a proof of service on you, then he may be claiming that he has served the other person with your same name. You may need to set aside the default and default judgment as to yourself.

Very truly yours,

Re: Recently served but am not the person in the complaint help

Hello!

The replies you received from the other attorneys are substantially correct.

HOWEVER, it also appears that you may be the victim of "identity theft" of sorts. Hire an attonrey immeditely. File a response to the lawsuit and protect your rights. FORMALLY and legally put the other attorney on notice that he is MALICIOUSLY PROSECUTING YOU and provide proof of your true identity within the court system--make certain that you are agressive and direct the other attorney that should the case proceed against you you will pursue all of your legal remedies and seek damages.

Do Not Fail to act in your best interests. The only solution for you is to hire an attorney and put both feet into this fire. If you do not immediately act in your best interests, you will get burned. After a period of time you lose the right to fight this case! Then the judgment cannot be avoided and your credit will be ruined as well.

Respectfully,

Mark Mitchell Geyer