Legal Question in Family Law in New York

Do you live in the same residence as the person? Why were you served instead of that person?

If your name and the defendant's name are both Jack Smith, the attorney made the error. You have no moral or legal duty to hunt down anyone. Similarly, if the person moved and you didn't obligate yourself to forward mail, you don't have to hunt the right person down.

If you live in the same residence currently, you accepted service for that pereson and must give it to him.

Otherwise, you might consider callling the attorney on the subpoena to inform him or her that service was improper. This isn't a legal obligation, just the right thing do under the circumstances. A default judgment might be issued against that person because of the erroneous service. What you should be concerned about is same name misidentification. If default judgment is issued against you because you have the same name as the defendant, you will have headaches and expenses for months are years.

Also licensed and practicing in New York.