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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16393
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I received a court summons and complaint that I am being sued

Resolved Question:

I received a court summons and complaint that I am being sued for assessment lien and money damages by a homeowner association. I have never lived at or owned this residence. I have also never been a part of been a part of said homeowner association and I am being sued with a defendant that I do not know. I am being asked to sign an acknowledgement of the lawsuit or I may be liable for expenses for a court order to serve by publication, if not returned in twenty days. If this case goes to court, will the plaintiffs be liable for my legal expenses for their error in suing the wrong person and how do I let them know?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. It is certainly possible that they named and served the wrong defendant. As such, you should 100% contact the law firm who is representing the HOA and advise them of the situation and ask them to look into the situation. They should have performed their due diligence and named the proper parties. If they fail to do so and are unwilling to dismiss/drop you from the lawsuit, resulting in your having to defend it, you can certainly ask to be awarded attorney fees. You should not have to incur the cost of defending a lawsuit that you are not part of and if they act in bad faith and do not look into and correct the matter, the Judge will likely award you fees and costs associated with this. Of course, make sure you get something in writing from them, showing you have been dropped as a party and in the event that they fail to cooperate, make sure you respond within the 20 days and ask that the lawsuit against you be dismissed, since you are not a proper party to the cause of action. The last thing you want to do is sit idle, resulting in a default being entered against you and them obtaining a judgment, which you would then have to try and vacate.

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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16393
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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