Legal Question in Civil Litigation in California

Mistaken Identity

I have been served with papers from the Superior Court of CA for a "Sister-State Judgement". Athough the name listed as the defendant is similar to mine, I am not the defendent! I need to respond in thirty days. I'm not sure if the "Request to Correct or Vacate Judgement" is the correct form since I am neither the plaintiff nor the defendent (and I certainly don't want to file any legal paperwork that says I am). Is this the correct form to file?


Asked on 6/04/00, 2:22 am

3 Answers from Attorneys
Joshua Genser Joshua G. Genser, Attorney at Law

Re: Mistaken Identity

First, call the lawyer or the party who filed the

Application for Entry of Sister State Judgment, and

try to convince them you are the wrong party. If

that doesn't work, go see a lawyer! If you try to do this yourself

and you screw it up, you'll end up paying the

judgment.

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Answered on 7/19/00, 2:14 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Mistaken Identity

I agree entirely with Mr. Genser. If friendly persuasion doesn't work and you want a lawyer in the Los Angeles area, do feel free to give me a call.

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Answered on 7/19/00, 2:21 pm
Scott Shabel Law Offices of Scott Lee Shabel

Re: Mistaken Identity

If you are not the person whom the "Sister State" Judgment was entered, a judgment cannot be entered against you in California. We suggest that you contact the lawyer who is attempting to domesticate the judgment, and advise him of the mistake in identities. You should send him/her a certified letter advising of the mistake, and warn the attorney against having a default judgment entered against you. If we can be of further assistance, please contact us at www.labusinesslawyer.com.

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Answered on 7/19/00, 7:53 pm


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