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  1. #1
    Join Date
    Apr 2013
    Posts
    23

    Default Mistaken Identity of Defendant in Small Claims Court

    My question involves court procedures for the state of: Colorado

    My father owns a small business with a similar name to a large company that owns apartment buildings. He does not own any apartment buildings or have anything to do with that type of business.

    A woman filed a complaint in small claims court obviously intended to the large company but erroneously put my father's company and address, and had him served.

    Here in Colorado the Defendant can choose to hire an attorney in small claims court if s/he wants to.

    The date of the hearing he is supposed to be out of town. He doesn't want to cancel his trip nor does he want to pay an attorney, even if he could get fees awarded (?), because then he'd have to collect from this person. If he filed an answer he'd have to pay a filing fee.

    Is there any other choice? According to state judicial website filing an answer is optional but he still needs to appear since his business name is on it. It just seems like a very unjust situation since he has nothing to do with this. He did try contacting her but she seemed unreasonable and unwilling to listen.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,789

    Default Re: Mistaken Identity of Defendant in Small Claims Court

    Mistakes happen.

    And a bigger mistake will happen when your father doesn't file an answer because he doesn't want to spend the money on the filing fee. He'll spend a ton more money trying to unravel a judgment.

    He can obviously choose to ignore this lawsuit and reap the consequences of all his "don't wants."

    But that's not the right move.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Mistaken Identity of Defendant in Small Claims Court

    If he chooses to blow off the court date, the plaintiff will win a default judgment against him. That's true of any defendant, individual or business.

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