Legal Question in Appeals and Writs in California

False Accusation

Hello,

There is a firm that is accusing my mom that she spent $5000 with her credit card and did not paid back. The name on their file is different from my mom name. Only the first name match not the last name. My moms last name is different from my dads name. You know how in America that you change your name when you marry. My mom didnt do that.

The name on their file is my dads last name and my moms first name.

So someone else spent the money and now the law firm saying my mom name is not her name, they say they have the right name and address.

Is there a way to sue the company who is doing this? We got the court letter to respond within 30 days.

Let me know.

Thanks in advance!!


Asked on 4/10/06, 3:05 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: False Accusation

Your mom may be liable if she was married to your dad when he ran up the bills, if there is any community property.

But if she got sued, those 30 days are important. You need to see a lawyer or get the right form yourself to file an answer. If this is small claims, she would do it herself with the form which came with the suit.

A lawyer could write a letter stating why this is not her and threatening the law firm and the client with malicious prosecution if they persist.

So see a lawyer right away - that is the safest thing to do.

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Answered on 4/10/06, 3:47 pm


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