Legal Question in Civil Litigation in California

Re: Is the name the same?

You are certainly NOT the same person, you are, however, served and the serving party can indicate that you were served as described. Further, the complaint will be amended to indicate that the named party was served as you. It is important, therefore, that you do whatever you need to respond to the complaint, either in pro. per. (by yourself) or with the aid of an attorney.

Re: Is the name the same?

If you are the person referred to in the complaint, you need to answer it. The law is based upon reasonableness, it provides for minor errors. A responsive pleading needs to be filed if you are the defendant, if you are not the person referred to and have no idea who the plaintiff is and what it is regarding then call the plaintiff's attorney and let him know.

Re: Is the name the same?

Thanks for your posting. The name might not be exactly the same, but if you don't file an answer, the defendant might be able to prove you were served through another person, and you might face losing the entire case by default (through your failure to act).

If you bring up the difference in names, the judge will likely allow the plaintiff (the person suing you) to change the paperworks by "amending" the complaint so that from that point forward, your name will be spelled correctly.

The real point of all of our answers, as attorneys, is that this is not a defense that will dismiss this entire case and protect you forever. It is only, in the eyes of the law, a technicality, and you still need to act to protect your rights against this lawsuit.

You might also want to consider bankruptcy, as well as defending against this lawsuit. Please feel free to contact me at 1-877-568-2977 (toll free) or by sending an email if you have other questions or need information.

Re: Is the name the same?

If she is truly a different person, then you have a valid defense to this case. If the name is just in error, but it is the right person, The Plaintiff can always amend the complaint or judgment. If she is the wrong person, please fax me any documentation you have to 714 363 0229 and I will provide you with free consultation.