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Subject - Wrongful lawsuit
kbsparky From the "I never thought this would happen to me" scenerio, today I was served papers as a co-defendant in a $10 million lawsuit.

My old corporate name was looked up by an overly agressive lawyer and since it was similar in name only to the proper defendant, my old company was named in a shotgun approach in this ligitation. That corporation ceased to exist back in 1998, afterwhich I went out of business and worked for another company for a 3-year period beginning in January, 1999.

The incident in question took place in a mall store on December 4, 2001 about 120 miles from my location. I have never set foot in that store, nor have I been in that mall for over 25 years!

So now, I gotta hire a lawyer and answer this ridiculous suit with "you got the wrong company, we are not involved or affiliated with any of the other defendants, nor have any influence or interest at the store in question" or something along those lines.

Hopefully, I can be removed from their list of defendants. I wonder out loud if a counter-suit against them, and/or their lawyer for failure to exercise due diligence in determining the proper companies to sue would be in order


John A. Peters First before you hire a lawyer, simply send a certified letter so they have to sign for it. Write it just like you did above. Follow it up with a phone call, as well as a fax copy of that same letter, and maybe that will do it.

If you do hire lawyer, it will save some of his time and billing expenses to have the letter already written. I do think that should take care of it since all the stories to the contrary lawyers are human.
MONOLITH I agree with John, in that I would handle it myself first.

Sending a letter indicating you have absolutely no relation to the location or incident in question, would be my first step.

If they still insist on dragging you into court for something you have nothing to do with, then I would get the lawyer, and make sure he counter sues for your time, fees, and any costs involved with this.

Keep us updated on how this turns out.