Tags: additional, attorney, business, involves, law, lawsuit, lawyer, legal, loopholes, named, previous, quotwhat, seequot, state, texas, titled, wrong
Wrong Person Named in a Lawsuit
My question involves business law in the state of: Texas
Please see a previous post titled "What loopholes do you see" to get a little preview to what this post is about if you want, however, it is not necessary to answer the questions in this post.
I received a letter from a lawyer in the mail the other day. Using aliases for privacy I will set up the situation. My father and I have the same first name, last name, but different middle names. When I set up my business in this county, I had to submit my full name. My fathers name is Tim Aaron Keys, and my name is Tim Joseph Keys (again using aliases). My business name is "Tim's Business" .
The letter was addressed "Mr. Tim Aaron Keys D/B/A Tim's Business" Having permission from my father, I open the letter.
Not ver batum, but to save reading
"Dear Tim Aaron Keys, A balance of $1000 still remains with the phonebook. I've enclosed a copy of Plaintiff's Original Petition, which I will be forced to file if payment is not received in this office within 10 days from the date of this letter."
Within the Plaintiff's Original Petition, there are NUMEROUS references to my father's full name, and HIS address. He has never owned, worked, or been in association with my business or within any contractual agreements with vendors or advertisers for my business.
Question 1. What would you do in this situation?
A little information which might help you give me a great answer. In the county of which I reside, the court where this suit would proceed is Civil Court (not Small Claims). The judge is a Justice of the Peace, elected by popular vote of the county precinct. ***for you out of staters who's governor appoints judges, or the state congresses do, i figured this might be good knowledge*** A requirement of the court, actually listed as NUMBER ONE is that you file the suit against the RIGHT person. A SECOND requirement of the court is for the plaintiff to VERIFY the person they are suing are legally represented by the business on the county's documentation for the business. In other words, Tim Joseph Keys (me) DBA Tim's Business, is on file at the county.
Question 2. After they file against the wrong person, then realize their mistake, what options will I have once they actually file against the right person, me? Will this huge mistake actually help my chances with the court?
Question 3. What recourse can my father have against the company for filing a false lawsuit.?
Question 4. Is there anything else you might recommend me to do in the meantime or which will help my defense against their suit?
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- 3 Comments
I believe you missed where the OP stated he is using aliases, as in, not his real name.Quote:=ashman165;306560]First off, if I were you, I wouldn't throw around my full name like that as the search engines can pick it up.
If you, nothing. If your father, file an answer or risk a default judgment. Obviously, his answer would include the fact he has never acted as DBA Tim's business and as such, is not liable for the debt.Quote:Question 1. What would you do in this situation?
In other words, he tells them they have the wrong guy. He may have to prove it in court.
to defend against or acknowledge the allegation.Quote:Question 2. After they file against the wrong person, then realize their mistake, what options will I have once they actually file against the right person, me?
DoubtfulQuote:Will this huge mistake actually help my chances with the court?
It's not a false suit. It is a mistake unless they did this intentionally. As long as they believe they have sued the right person, they have done nothing wrong. That is why we even have courts, so a person sued can defend themselves if unjustly accused of something.Quote:Question 3. What recourse can my father have against the company for filing a false lawsuit.?
If you are trying to hide from the debt, keep your mouth shut. If you are willing to pay your debts (as you should) and want to help your father to NOT go to court to defend himself, contact the plaintiff and tell them they sued the wrong person and tell them where to deliver the summons for the new suit.Quote:Question 4. Is there anything else you might recommend me to do in the meantime or which will help my defense against their suit?#1; Sat, 11 Apr 2009 08:36:00 GMT
Question 1: it's pretty much settled law that for a lawsuit for breech of contract to be successful, it has to be against a party (person/company) who's an actual part of the contract. That is to say that you can't sue me because your neighbor breached a contract with you. Similarly, if your father isn't a signatory to the contract, then it's going to be very difficult for them to prove that your father actually entered into a contract with them. Thus, when he goes go to court, he'll only need to point out that plaintiff has no documents in their possession which name his as a contracting party.
Question 2: Well, it's something you could surely raise with a judge in court - namely that this company has previously sued someone else for this. And that they're now suing you. However, if you're actually a contracting party then they'll have paperwork to show to the judge that you actually did enter into a legally binding contract.
Question 3: In court, he can simply show that he's not anywhere in the contract actually mentioned. In order to get anything out of that, he'd have to show that this lawsuit has damaged him. Also, it's not likely that they're intentionally suing the wrong person. Companies generally don't enjoy wasting money that way, but I don't know your particular case.
Question 4: Get an attorney who works with contracts so that he can go over the contract and look for any possible deficiencies. In a case about contract law, it's highly advisable to get an attorney who knows about these sorts of things because contract law is very complex.#3; Sat, 11 Apr 2009 07:58:00 GMT