Any Lawyers?

[Poptart]

I've said before that someone has filed suit (against me) in small claims court. The question is, the plantiff mistakenly filed the suit naming my recently-dead father as the defendant. So the question becomes, should I a) file a motion for dismissal; b) ignore the whole lawsuit; or c) show up and fill in since I know it's intended for me anyway? (I tried to tell the plantiff via his mother that he named the wrong person but I've heard nothing at all from him.)

 

[SolaresLarrave]

Fortunately, it's a small claims suit. You know it's intended for you...

I'd show up.

Nope, I'm not a lawyer, but I'm thinking of ways to make this short and relatively painless.

Good luck!

 

[RJBender]

I've said before that someone has filed suit (against me) in small claims court. The question is, the plantiff mistakenly filed the suit naming my recently-dead father as the defendant. So the question becomes, should I a) file a motion for dismissal; b) ignore the whole lawsuit; or c) show up and fill in since I know it's intended for me anyway? (I tried to tell the plantiff via his mother that he named the wrong person but I've heard nothing at all from him.)

Sorry to hear about your father. Is his estate in probate?

R.J.

 

[Poptart]

No, it's just an object lesson about how poor this weasel's communication skills are that he doesn't even know my name.

 

[Socke]

I don't know much about US laws and courts. Here I'd show up, set the facts straight an get done with it.

I just had a stupid law suit about a domain name. Would have been no problem with me to give up the name and reroute it imediatly to whatever webspace the other party had. As it turned out, they wanted to extract as much money from me as possible and in the end the judge ruled that I have to pay 2500 Euro in damages instead of 20000 and the cost are divided 15:85 in my favour.
I would have given them the domain for free but couldn't do it in the timeframe they wanted. Now it took two years and only the lawyers profited from it 🙂

 

[RJBender]

No, it's just an object lesson about how poor this weasel's communication skills are that he doesn't even know my name.

So he's not trying to make a claim against your father's estate?
Did this guy file his claim in the county where you live?

R.J.

 

[Poptart]

I think he filed it here but he lives elsewhere. Dad died the day before so he couldn't have known.

 

[kmack]

I've said before that someone has filed suit (against me) in small claims court. The question is, the plantiff mistakenly filed the suit naming my recently-dead father as the defendant. So the question becomes, should I a) file a motion for dismissal; b) ignore the whole lawsuit; or c) show up and fill in since I know it's intended for me anyway? (I tried to tell the plantiff via his mother that he named the wrong person but I've heard nothing at all from him.)

D. Get a Lawyer. I am not a lawyer, but I have seen some bizarre rulings in small claims court. Play it safe.

 

[wlewisiii]

D. Get a Lawyer. I am not a lawyer, but I have seen some bizarre rulings in small claims court. Play it safe.

Agreed.

William

 

[ch1]

I've said before that someone has filed suit (against me) in small claims court. The question is, the plantiff mistakenly filed the suit naming my recently-dead father as the defendant. So the question becomes, should I a) file a motion for dismissal; b) ignore the whole lawsuit; or c) show up and fill in since I know it's intended for me anyway? (I tried to tell the plantiff via his mother that he named the wrong person but I've heard nothing at all from him.)

I am a lawyer - but I cannot and will not and do not represent you. But here are some points to note:

1) Since you are NOT the named defendant on the suit - no service has been made on you. You have no obligation to appear. A default judgement will be entered against a non-existent defendant (sorry to sound harsh - I mean no ill-respect to your late father) that will be unenforceable.

2) Upon discovering his error - the plaintiff - can, and likely will, re-file once (if) he identifies you - provided the statute of limitations has not run out.

3) Usually in Small Claims Court lawyers are not allowed to "represent" clients and argue before the court. They may, however, be present as "advisors".

4) If you do go to the court - ask the judge for a motion to dismiss with prejudice as the plaintiff has named a non-existent defendant and that his case is clearly without merit. [This is probably a bit riskier than not showing up.]

5) If you do #4, the judge may dismiss w/o prejudice (more likely). But the plaintiff will have to re-file, re-serve etc.

6) Often in small claims court the defendant and the plaintiff will be "encouraged" by the judge to use a mediator (usually a law student volunteer) to try and "work things out". If you don't want to give and inch - refuse to do so. The mediator has no "authority" to force a settlement - they just act as "go-betweens".

Overall, the fact that you are not the named defendant means that nothing terrible can happen to you - yet. But you should talk to an attorney familar with the laws of your jurisdiction.

Again, I offer these observations solely as a fellow member of RFF and I cannot and will not and do not represent you in this, or any, legal proceeding.

Oh, one last point, no "Mr. Nice Guy". Why did you tell the plaintiff's mother that he used the wrong name? This is a lawsuit - not a simple disagreement!

Good luck.

 

[troym]

Poptart:



(1) Were you actually served with the complaint?

(2) If so, is it clear from reading the actual small-claims complaint that you are the defendant and not your father? In other words, is your father mentioned only in the caption, or throughout the body of the document?

(3) Are you the executor of your late father's estate?

 

[RJBender]

George, that's good of you to give Pop some free legal advice. 🙂

R.J.

 

[Poptart]

Thanks everyone. My brain feels like it's packed in cotton wadding, but maybe I can answer a few points:
My father's estate fell to my mother--the one who was served with the summons. My father had nothing to do with the matter in dispute, being busy dying in hospital at the time. I informed the plantiff's mother that I, rather than my father, was the object of the suit because my mother was in the process of having assets--property, cash, etc.--legally assigned to her alone and I didn't want that screwed-up with a pending litigation.
My one consoling knowledge is that I'm as poor as a literal churchmouse and so, effectively, judgement-proof.