Sometimes names differ only by one letter (Ex: Osama v. Obama, or Vica -Plaintiff- v. Vicar -Pope in Rome) and it is very easy to mistake names, but people designated by such names are XXXXX XXXXX and disastrous outcome may come about when that is attempted.
The names Theodor (my name) v. Toedore v. Theodore v. The odor, are not the same and there is only one of me and only Theodor is my real and legal name, as always.(I have real documents from Plaitiff using all this variety of names on mailings demanding payments for false claims.)
I don't know who the others are, but they are not myself and have never been in my presence.
My family name is XXXXX XXXXX in my own family there are: Niculae (my father), Nicolae (mu brother) and Nicolas (my nephew), all three with the same -identical- family name, and because of the difference of just one letter in their names it is possible to know which one has a pension or a mortgage or a student loan or pay check, and so on, and this allow their three different lives to go on normally, ... (Three Different Names and Three Different People, ... even if Different by just One Letter).
This is true and is exactly what I told to the Judge when he implied that I Theodor was Theodore, which is not true, in so many ways.
At this point he turned around and walked away, as this conversation happened outside of the court room, minutes after judgment in absence.
My intention was to make a Special Appearance in Court, Only to Clarify this and to Move the Court for Estoppel, or Correction of Court Process, but due to a long drive of 3.,5 hours (from Flushing N.Y -where I attend to my sick old mother-to Wilkes-Barre Pa. -where the Court is-), I arrived -only minutes- after the trial for (unknown) Theodore (not me: Theodor) ended.
There need to be enough Competence, Sobriety and Genuine Sincerity on the part of Everyone , including the Plaintiff, which is an Official of the Township, which Knows Well my name, as he has all the official documents bearing my name, and spoke with me a few times and corresponded with me -using my correct name- and I even spelled my name for him a few times, and I have Real Proof of all this.
He must have Intended to sue Theodore and Not Me !
So what I say is that there is judgement entered against Theodore (someone unknown to me), and as such I, Myself, was Never in Any Trial, and have No Judgment and No Sentence Against Me, and No Need For Appeal, Nor For Arrest, but received mailing from Court that unless I Theodor pay for Theodore They Might put out a Bench Warrant ... of course for Theodore ...
At this point I had enough grief because of this Corrupt and Incompetent Plaintiff and am planning to take Legal Action Against Him, but the Question is if I could be Arrested for a Warrant on this Other Different Name, for Not Paying something that I Was Not Judged Or Sentenced For, and in case that I Would Be Forced to Pay Under Duress, ... would I loose the right to sue this person ???
As I mentioned before, I am spending all my time at My Brother's family Home in Flushing N,Y,, where I take care of my Elderly, Incapacitated and Gravely Sick Mother, and the Registered-Mail Process Of Court was NOT Received and Signed for by MYSELF, but Someone Else in the Home, who did not observe the Different Name and handed me the opened correspondence later and I read it later and only Observed and Understood that it Was Not My Name ... Even Later, when the Continuance Notices start coming in.
So if he wanted me he could have asked for me and would have gotten me, but he didn't.
P.S. I Sincerely XXXXX XXXXX taking so long to answer, but I had to Attend To My Mom, for a little while, and am going there again.
Thank you very much !@! I like your answers and would need some clarification about how could I bring about the Vacating of the Judgment and Obtain Access to the Judge for the Explaining, or Motions, since when I checcked the information about the case at Court's online site I found out that The Case is Closed ... and also there is no description of the Defendant: Theodore (which is not me!), as it -probably- "exist" only in Plintiff's "world of make-believe", alongside of his make-believe Causes of Action.
There is no Warrant -as of today-, but grace period for payment (by alleged Theodore) ends tomorrow (04-25-2013). Since I was Not a party, I was not in the position to Appeal to the Court of Common Pleas within the 30 days period and I was Not the one Sentenced to Pay, but I feel -right now- that Actions of Coercion for Payment (from Me -not a party to this Case-), by Duress, by Threats of Possible Arrest are In Progress Upon Me ! What the Plaintiff intended is not for me to guess, but should be -for a normal man- what he -actually-did, namely: he Did Not File -his Private Criminal Complaint- Against Me. He even Made Signed Verification, under Penalty of the Crimes Code, and I Can Prove that he Knows Fully Well the Difference Between Myself: Theodor and his Named Defendant: Theodore (also named by him as: Toedore and The odor, in other unfounded claims/demands for payments on nonexistent accounts and/or not provided -nor solicited- services). I am Very Much Interested in Truth and Justice, and Would Love to be able to Confront and Defeat him in his Case and all other wrongdoings that he is perpetrating (not mentioned here). How do I -Actually- Vacate Judgment and Prevent Warrant?
~ Thanks -again- !!@!! ~ Theodor. ~
Thank you for your knowledgeable answer and the hope it brings, towards a -possible- solution to this nightmare.
I am an average man with very limited funds, knowledge in the legal field and time and because I understand (and see) how one "little thing" done at anytime -for a contemplated effect in particular-, might also cause additional (unintended) meanings and effects (elsewhere at other times), ... I am trying to be extremely Cautious and Prudent about what I Do (or Not Do), or Request and whose legitimate attribution is to do so and about the collateral implications.
Knowing that something can still be done is great news,and I think that what I Need to Accomplish by my Action is to Inform The Court -On Record- that: #1~ I am Not The Man that the Plaintiff -Deliberately- Named as Defendant; #2~ Offer to Produce Evidence in Sport of #1; and #3 Move The Court to Acknowledge the Truth and to Decide and Rule on how to "Correct The Wrong Before It" (I don't remember the Latin name at this moment), ... for Causes/Reasons Of (amongst which are):
~Estoppel~Insufficiency of Process ~Insufficiency of Service of Process ~Lack of Jurisdiction over Person
Would this be acceptable for a Motion to Set Aside / Vacate and could any or all (or more) of this lead to Obtaining my
~Right To Be Heard??@??
Should I -rather- "bite the bullet", since I can not Risk to Leave my Dear Mother without my Care ... For Any Length Of Time ... for sorting out legitimacy of a -possible- Wrongful False Arrest ???@???
(The question of amount of jeopardy for -false- arrest is still unanswered)
Since more dialog would be necessary for having a clear understanding of all the facets of possible action (at this time), and in order to be reassured that you would be compensated for your continued efforts of assisting me (your time, knowledge, creative solutions, etc.), ... I wonder if it would not be better that I acquire the "unlimited" monthly membership and continue to further explore this matter, together with you (provided that I would have continued -uninterrupted- access to you). What do you think?
~ Thank You ! Theodor. ~
I want to Thank You -Very Much- for all your kind, encouraging words, and Legally Knowledgeable Assistance !!!@!!!
I will rate your work with the maximum number possible of smiley faces and -if possible- I would like to know how to find you -on this site- for more assistance, in the -near- future.
~ Wishing You The Best ... Thank You !!!@!!! ~ Theodor. ~
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).