Legal Question in Civil Litigation in Maryland

Wrongfull Suit

I received a notice of lein on my home. After researching at the court house I found a person I did not know had sued me using a wrong address, forged papers that I was served at this address that does not exist in this state along with notices of intent to defend that are signed with my name but they are not my signature. This law suit begun in 2000 and the first notification I actually received was the notice on my door that the lein was granted. All of the other information was going to this bogus address and served by someone at the address that doesnt exist. If this is a case of the wrong person being served what do I need to bring into court to prove I am not the same person or if it is a scam what do I need to bring to prove it also?I have been trying to locate the person that said they served papers at this bogus address but I am hitting a brick wall.


Asked on 6/28/04, 1:13 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Wrongfull Suit

As soon as possible, you need to file a motion to stay execution on the judgment and another motion to set aside the judgment itself. Your basis for the motion is that you were never served with the original suit so had no opportunity to defend it.

You must send a copy of the motions to the attorney who represents the person who sued you, or if they aren't represented, to the person himself.

If your house or other property is subject to the lien, you are at serious risk. I strongly advise you to seek the assistance of an attorney.

Robert Sher

301 986-4555

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Answered on 6/29/04, 3:06 pm


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