Legal Question in Credit and Debt Law in Pennsylvania

Even after i informed a lawyer that the legal papers he sent me regarding a small claims action came to the wrong person (same name) it seems he took no action to correct the paperwork to identify the correct person. now i have notice of judgment which does not in any way or form relate to me.


Asked on 8/12/10, 9:18 am

1 Answer from Attorneys

I assume that your question is what do I do? Telling a lawyer does nothing. If you received notice of a lawsuit, then you had to file an answer and deny liability for the suit claiming that they sued the wrong person. Sometimes in very rare cases, a lawyer will take action, but the lawyer does not know you. How does he know that you are not the person sued?

Now you have a problem. I do not know when the judgment was entered, but you are now going to have to do what you should have done initially and get a lawyer. The lawyer will have to file a motion to open the judgment. To support the motion, you must prove that you have good cause (you do), a meritorious defense (you do since you presumably have proof that the wrong person was sued) and that you acted reasonably promptly (this is iffy on the facts you related).

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Answered on 8/17/10, 9:16 pm


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