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  1. #1
    Join Date
    Jun 2013
    Posts
    1

    Default Misidentified as a Party to a Lawsuit

    My question involves court procedures for the state of: Arkansas

    I received a certified letter from a law firm in Arkansas stating that I am a defendant in a right of way case, where a power company wishes to use eminent domain to procure a small piece of land from someone's property. The problem is that they have the incorrect person, they have my name and address but I have never been to Arkansas, don't have any family in Arkansas, and none of the other name's listed as defendants are familiar. It appears the grandfather and father have both passed away, so the defendants are the grandchildren. My name and address is easily found on the internet (for other reasons) and I'm assuming they went with the first person they could find an address for with my name.

    I contacted the plaintiff's lawyer and he said it happens sometimes and that I don't need to do anything. It sounds like a default judgement will happen in 30 days, and if I don't have a claim to the land I just stay quiet. That sounds fine to me, but I also don't like taking advice from the plaintiff's lawyer.

    Do I need to do anything to protect myself? They aren't asking for money, just the usage of the land.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Mistaken Identity in a Right of Way Case

    Consult a real estate lawyer in Arkansas.

    You might actually have a claim to the property that might be worth some money.

    Or, you can just ignore it if you like.

    PS: I would never take advice from an attorney who is suing me.

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