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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default Subpoenaed for a Case, Possible Mistaken Identity

    My question involves court procedures for the state of: MD.
    I received a Request for order directing defendant to appear for examination in aid of enforcement of judgment. Here is my issue, on the form it states the plaintiff and the defendant. Under the dependent information I see my name, a very common name, and the a incorrect address that is not mine, nor have I ever lived at that residence under my name. Is this a reason to not show or have this dismissed due to the person listed on document defendant being incorrect? Or is this only going to start the process all over with the correct information at a later date. In any event, should I go to the hearing an tell them that the man listed on the document is not me and the only reason I came here was because I received this letter in the mail?

    Your help is Much appreciated,

    Thank you

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Subpeonaed, Defendant Information Incorrect on Doc, Possibly Dissmised

    you received the order, right? Apparently they got something right if you got served.

    It sounds like, from your cryptic post, that you did live at the listed address at one time albeit under a different name. If so, it sounds like they know your pseudonym.

    then you go on to say that the order has your name on it yet you ask about informing the court that isn't you. You make no sense.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Subpeonaed, Defendant Information Incorrect on Doc, Possibly Dissmised

    You have been subpoenaed. Your options are to contact the law firm that issued the subpoena to try to convince them that you're the wrong "Joe Smith", to file a motion to quash with the court seeking relief before the deadline set by the subpoena, to comply, or to ignore the subpoena and risk monetary sanctions (very likely to be awarded to the other party), possible contempt proceedings and, depending upon the full context, a possible bench warrant for your arrest.

  4. #4
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Subpeonaed, Defendant Information Incorrect on Doc, Possibly Dissmised

    Hi, just to clairify the post. They have the right person and I know that I am at fault. My name is Jason Smith which is common and correct on the subpeona. The address they have listed in the subpeona is an address I can attest under oath to never living at. Having no ties to this address could I file something that would postpone/dismiss the hearing to allow me more time to get the funds to settle this or have it fade away till they figure out their error? Perhaps a 60 day extension?

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Subpeonaed, Defendant Information Incorrect on Doc, Possibly Dissmised

    You received the subpoena somehow it would seem. The fact that the address listed isn't your residence doesn't seem to be material. How did it get to you?

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Subpeonaed, Defendant Information Incorrect on Doc, Possibly Dissmised

    Quote Quoting jas0712
    View Post
    Hi, just to clairify the post. They have the right person and I know that I am at fault. My name is Jason Smith which is common and correct on the subpeona. The address they have listed in the subpeona is an address I can attest under oath to never living at. Having no ties to this address could I file something that would postpone/dismiss the hearing to allow me more time to get the funds to settle this or have it fade away till they figure out their error? Perhaps a 60 day extension?
    Why don't you just call the opposing party & come up with a stipulation and ask the opposing party yo have the case dismissed?

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