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?