Legal Question in Business Law in California

Letter from attorney threatening to sue but wrong person

My mom owns a small store (Blues Deli), the past few months she's been getting a letter from Thomas & Associates (or something like that) but since she doesn't know much english she threw it away since the letters were addressed to:

600 Blues Deli Now (Our name is Blues Deli)

John Doe (no one here by that name nor has there ever been)

4902 Main St. (Our address)

San Francisco, CA

Today by coincidence I was at the store and opened the letter. It was a letter from an attorney trying to collect on a debt made by this person for his company (?). I'm wondering what I should do. Should I call the attorney back and tell them they have the wrong address? Should I ignore it? I'm worried they might continue bugging us at the store.


Asked on 7/16/05, 1:34 am

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Letter from attorney threatening to sue but wrong person

I agree with what Mr. Starrett suggests. I would be happy to write such a letter for you at no cost. Feel free to call me (even on Saturday PM) at (310) 858-9771.

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Answered on 7/16/05, 4:47 am
Timothy J. Walton Internet Attorney

Re: Letter from attorney threatening to sue but wrong person

I disagree with the previous posts only to this extent:

"John Doe" is a legal fiction. The attorney sending the letter may not know the legal name of the person intended as the recipient.

If there is any possibility that anyone associated with the enterprise has behaved in the manner described, you should seek counsel that intends to use those truths to your advantage, rather than deny that any such thing could ever have taken place.

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Answered on 7/18/05, 4:31 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Letter from attorney threatening to sue but wrong person

You have apparently been confused with another business with a similar name by a collection attorney who probably sent you a form letter. I would send a letter to the attorney informing them that you are not the debtor they are seeking. I would asking for proof of the debt or demand that they stop contacting you. You might consider sending a copy of your business name registration to show the ownership as proof that you are a different business.

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Answered on 7/16/05, 2:00 am


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