Full question:
I have been issued a civil court summons in an employment case. The district manager who fired a bunch of people shares my first and last name. It is a case of mistaken identity. How do I make sure I am not responsible should judgement go against him?
- Category: Civil Actions
- Subcategory: Dismissal
- Date:
- State: New Jersey
Answer:
You can file a motion with the court to dismiss you from the case due to mistaken identity. It’s also wise to obtain a free copy of your credit report annually to check for errors. If a judgment is mistakenly recorded against you, you have the right to dispute it. To dispute inaccuracies in your credit report:
- Contact both the credit reporting agency (CRA) and the information provider.
- Notify the CRA in writing about the inaccurate information. Under the Fair Credit Reporting Act, the information provider must investigate and report the results to the CRA.
- If the information is found to be incorrect, the CRA must correct your file and notify all nationwide CRAs.
- If the investigation doesn’t resolve your dispute, request that your statement about the dispute be added to your file. A notice of your dispute must accompany any CRA report of the negative item.
Refer to NJ Rules: RULE 4:30 regarding misjoinder of parties. Misjoinder is not grounds for dismissal; parties can be added or dropped by court order.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.