Legal Question in Personal Injury in California
I was recently served papers for a civil action. Suing for damages from an auto accident. The first and last name of the defendent is the same as mine however the middle name is different. Also, I have not been involved in an auto accident. Do I have to do anything since I am not the correct defendent? I have tried reaching the plaintiff's attorney with no response. Thanks.
2 Answers from Attorneys
If your vehicle was not involved and you have absolutely no relation to this accident (if you are the owner of the vehicle involved, it does not matter that you were not in the accident), write a letter to the plaintiff's lawyer, certified, and send that letter to the court, making sure to put the file number on the letter. I'd probably send the letter, certified, to the court, as well.
If they simply have your name wrong, but you were involved in the accident, forward to your insurance company.
You should put in writing to Plaintiff's attorney the mistaken identity. If they do not work with you, you should file an answer with the Court.
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