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What Can I Do if I'm Mistakenly Named in a Lawsuit?

What Can I Do if I'm Mistakenly Named in a Lawsuit?

Q: Is a civil summons serious?

Yes, a civil summons is serious. It indicates that a lawsuit has been filed against you and requires your attention. Ignoring a civil summons can lead to negative legal consequences, including a default judgment. It is crucial to respond promptly and seek legal advice to protect your rights.

Q: What if the summons has the wrong name?

If the summons has the wrong name, you should notify the court immediately. You can file a motion to dismiss the case based on mistaken identity. It's important to provide evidence that demonstrates the error. Correcting the name on the summons can help prevent any judgments against you that are based on this mistake.

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: 04/07/2025
State: New Jersey

Answer:

You may make a motion to the court to dismiss you as a party from the case due to mistaken identity. We suggest you obtain a free copy of your credit report every year to assure that it is free of mistakes, as it is virtually impossible to prevent all contingencies. In the case that a judgment is entered against the person who shares your name, and somehow is mistakenly recorded on your credit report, you have the right to dispute the inaccuracy and have it removed.

If there is inaccurate or incomplete information in your credit report:

-Contact both the credit reporting agency (CRA) and the company that provided the information to the credit reporting agency.
-Tell the CRA in writing what information you believe is inaccurate.
Under The Fair Credit Reporting Act, the information provider is required to investigate and report the results to the CRA. If the information is found to be incorrect, it must notify all nationwide CRAs to correct your file. If the investigation does not solve your dispute, ask that your statement concerning the dispute be included in your file. A notice of your dispute must be included anytime the CRA reports the negative item.

Please see the following NJ Rules:

RULE 4:30. Misjoinder And Non-Joinder Of Parties
Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by court order on motion by any party or its own motion. Any claim against a party may be reserved or severed and proceeded with separately 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.

FAQs

How serious is a civil summons?

A civil summons is a legal document that notifies you of a lawsuit filed against you. It is serious because it requires your response within a specified time frame. Failing to respond can result in a default judgment against you, meaning the court may rule in favor of the other party without your input. It's important to take a civil summons seriously and seek legal advice if you are unsure how to proceed.

How do I dispute a civil summons?

To dispute a civil summons, you must file a response or an answer with the court by the deadline indicated in the summons. In your response, you can outline your reasons for disputing the claims made against you. If the dispute involves mistaken identity, you may also file a motion to dismiss based on that issue. Consulting with an attorney can help ensure that your response is properly prepared.

Who usually settles the dispute in civil cases?

In civil cases, disputes are typically settled through negotiation between the parties involved, often with the help of their attorneys. If an agreement cannot be reached, the case may proceed to trial, where a judge or jury will make a final decision. Many cases are resolved before reaching trial, as settlements can save time and legal costs.

Is a civil summons serious?

What if someone lies about being served?

If someone lies about being served with a summons, it can affect the legal proceedings. You may challenge the validity of the service in court. It's important to gather evidence that supports your claim, such as witness statements or documentation. If the court finds that service was improper, it may dismiss the case or require proper service before proceeding.