What to do if we were incoorecty named in a lawsuit?

We were just served a civil complaint through our Court of Common Pleas, from an attorney in another state. It has us as the defendants, but in reviewing the material, this complaint is not about us. They have the wrong people, because we happen to have a similar name. Our Court of Common Pleas told me to call the filing Attorney, which I did, and she asked me to follow up with a brief note about the mistake, which I did. What do I do now. We are not involved in this and at the moment we are stuck in it due to their error.

Asked on July 16, 2012 under Business Law, Pennsylvania


Andrew Goldberg

Answered 8 years ago | Contributor

I'd recommend that you protect yourself by hiring an attorney to file an Answer to the Complaint. In the Answer, the attorney can deny your involvement as a defendant and allege the mistaken  identity. Alternatively, the attorney may be able to file preliminary objections. I would not rely on the plaintiff's ( filing ) attorney to remove you as defendants or to correct the mistake in a timely manner. IAlthough I am a lawyer, I  am fearful of procrastinating attorneys.

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