Legal Question in Family Law in Tennessee
Mistaken Identity of Defendant by State Child Support Agency
I have a received a summons to appear in Circuit Court relative to an arrearage in child support payments from the state of Vermont. It is unclear how I was named as the defendant in this case, as the only item similar is my name. My SS# does not match that of the defendant. This is a simple case of mistaken identify. I have attempted to explain the situation to the Vermont office, and the deputy who served the summons attempted to explain the mix-up to the local attorney handling the case. The response was to show up in court and prove who I am.
Why is it incumbent on me to prove my identity and be inconvenienced by taking off work when the fault is that of the Vermont Child Support Office? Do I have any recourse in this matter? Is there not some type of demand I can make to the attorney's office to be relieved of proving my identity? If not, is there any legal action I can take against the attorney's office for failing to accept my documentation prior to the court date? What are my options? Any advice offered would be greatly appreciated.
1 Answer from Attorneys
Re: Mistaken Identity of Defendant by State Child Support Agency
At the moment you need to show in in court and establish that you are not the person they are seeking.... otherwhise a judgement will be entered against YOU, since you are the one who was served with the court papers.
You might pursue an action against the attorney later if you wish, but your attention first needs to be to answer the case you have been served in.
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