RE: Civil Lawsuit brought against the wrong Company
My small business (Corporation) has received a summons as co-defendant in a personal injury
On page 2 of the complaint, it states the name of a nation-wide corporation (of a similar name to mine), who I believe is the company they should be suing.
Even though I have no idea who the plantiffs are or any of the circumstances behind this lawsuit, I know I have to respond and have contacted an attorney as MY Corporate name is ***** ***** summons.
On page 1 of the complaint, it is stated that "Plantiffs are ignorant of the true names and capacities of defendants sued...and therefore sues by such fictitious names. Plantiffs will amend this Complaint to allege their true names and capacities when ascertained".
This appears that the Plantiffs attorneys are "casting a wide net" and see who gets caught.
Obviously, if I don't pay for legal council to absolve my company from this lawsuit, I could suffer a default judgement.
What is my legal recourse to re-coup my upcoming legal expenses?
Also, do I have any way to send a message (in the form of a monetary penalty) in order to encourage the Plantiffs attorneys to work harder to identify the true defendants in the future, before bringing a lawsuit? Other than the similarities in business names, we have almost no similarities in business engagements with the public.
I would donate any monetary award (after legal fees) to charity. I just want to protect others from this happening to them.