Legal Question in Personal Injury in California

Re: Summons served in error

I would contact the other attorney and tell him what you wrote. See if he/she will be reasonable and write you a letter saying that he won't pursue you. -Robert

Re: Summons served in error

Write the Plaintiff's attorney with those facts [copy to the court], explaining why you are not the correct person and that you suggest he find the right one to serve. If he sends you a notice of default, then you will have to hire an attorney to file motions in court.

Re: Summons served in error

contact the adverse attorney and request they quash service voluntarily, if they do not, make a Motion to quash

Re: Summons served in error

You are correct in assuming that if you ignore the situation "it could be trouble." Indeed if you do nothing, the plaintiff will take your default, you could wind up with a default judgment against you for something you did not do, and the plaintiff will then be able to collect a money judgment from you.

In California you only have 30 days to file a responsive pleading. If a responsive pleading is not FILED with the court (i.e., in the proper format), a default will be entered against you. While there may be some issue with the manner in which you were served (i.e. you may not have been served properly), and it may seem "stupid" to hire an attorney, I would suggest that you do so. Spending a few dollars now may prevent you untold grief in the future. If you truly are not the person the plaintiff is after, that will become evident to the plaintiff's attorney rather quickly.

I WOULD NOT rely on a letter from the attorney telling you he will not pursue you. Doing so could cost you more in the long run that simply hiring an attorney from the outset.

Re: Summons served in error

If you carry liability insurance, notify your insurance company of the suit and the summons and complaint promptly and tell them that you don't think you are the intended defendant. They will take care of it for you at no expense unless you have a deductible for this type of litigation.

If you have no liability insurance of any kind, then you should consult an attorney or at least write the plaintiff's attorney and ask that he verify that you are not the intended defendant and will not enter your default. If he does agree in writing not to pursue you, then check with the court after he tells you what he will do to not harm your interests to be sure that is what he did. An attorney can do these things to be sure you are protected.