Re: What Would You Do
I believe you missed where the OP stated he is using aliases, as in, not his real name.
=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.
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.
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?
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.
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.
Question 4. Is there anything else you might recommend me to do in the meantime or which will help my defense against their suit?
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.