If someone is sueing someone can they have the wrong person?

Question

Someone is sueing my family for reasons that will not be named now they are going after my mother, father, and sister. My father and I have the same name cept I'm jr and that's on my birth records. Now I'm wondering what are the odds they are meaning to also sue me but due to my father and I having the same name papers were only sent for him. The papers sent mention my sister and my father as daughter and husband. There is nothing mentioning son. I am confused as to wether or not they are going after me or not and it's a mistake that they are not. I don't want to ask questions. I am not guilty so either way it does not matter but I dont want to deal with the court and all that bull crap. It's been about a week and a half or two weeks maybe more since papers have been served. What do you think? do you think they will realise their mistake and some after me or do you think I don't have to worry.

the thing is my father has nothing to do with it either. My mother was the one that did what caused the suit they are just going after my father and sister because they are related to her and supposedly helped which none of us knew about what was going on.

Answer 1

This is a difficult one to answer due to the lack of detail about the suit.

However, you state that you haven't done anything wrong but that you think this may be a case of mistaken identity and so I would say that, for your Father's sake, you should make sure. You have the time to sit and write the question here and obviously you can string a literate letter together so I would think that the fair thing to do would be to write to the court and tell them what you've told us (but with a little more detail).

Injustice is the most frustrating thing in the world, but pretending that it isn't happening won't make it go way.

Answer 2

You may not "want to deal with the court and all that bull crap" but you may not have a choice. If you don't live in the same house as your father, and court papers have not been handed or mailed to you, you should be OK.

But don't take my word for it. See a lawyer in your state. You may be able to talk to one over the phone at no charge.

Don't drag your feet on this. Most courts require a defendant to respond within 20-30 days, and failure to respond within that time can result in losing the case by default.

Answer 3

Nope. Absolutely impossible to sue the wrong person.

Answer 4

If they meant to sue both of you, but only named your dad, I'd suggest you not say anything. If they meant to sue you only, but named your dad, then your dad should, in his response to the lawsuit, clarify who he is. Good luck.