Legal Question in Credit and Debt Law in Missouri

Incorrect person on a Subpoena

LawGuru,

I have been served to appear in court to resolve a claim against another person. While the name on the subpoena is the same as mine, it is obviously another person.

I called the issuer, as well as several government agencies, in attempt to resolve the mistake in a timely manner. Each time, I was told I must hire an attorney and appear in court to correct their mistake. This lack of response is extremely frustrating, expensive, and has resulted in a great deal of mental anguish.

What recourse is available for me to:

1. Force the issuer to pay my attorney's fee.

2. Receive some additional compensation for the cost, inconvenience, and mental anguish that has resulted from their error.

In addition, I would like to know the appropriate agencies to contact in order to register a complaint against:

1. The subpeana filer,

2. Their legal firm,

3. The subpeana server, and,

4. The court.

None of these participants performed the background research that would have avoided this mistake. Each deserves public critism.

Thank you in advance for your kind assistance.

I look forward to receiving your response.

Please respond ASAP. My court date is 6/21/06.


Asked on 5/31/06, 12:13 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Incorrect person on a Subpoena

I can sympathize with your plight my friend.

If you have been validly served with a subpoena, and if a check for witness fees was tendered with the subpoena, and if it was served by a sheriff or other authorized process server, then it is likely that you do need to appear in court or for deposition in order to resolve the issue. While I know that's probably not the answer you want to hear, it is unfortunately the best answer I can give you. My guess is that once they hear that they have the wrong guy/gal, they'll apologize and sing Happy Trails to you.

You did not specify if you were subpoenaed in a civil or criminal case, and if you were subpoenaed to produce documents or simply give testimony. These are critical distinctions. Also, make sure that you have a subpoena and not a "summons and complaint" which are the initiation of a lawsuit against you. Even if they have the wrong person, if you do not show up and contest a summons, you can get hit with a default judgment. So you need to be careful about it.

You may feel free to contact me. I won't charge you a fee to discuss this issue, and if the court or opposing attorney are known to me, I would be happy to call them and see what I could do. I make that offer to you, but I want you to understand whether you call me or someone else, you need to speak with an attorney and have the documents evaluated to be sure exactly of what you have. You don't want to find out the hard way that it is something other than a subpoena.

Feel free to contact me if you have any questions.

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Answered on 6/01/06, 3:06 pm


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