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I have been falsely named by a Defendant in Discovery

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Interrogatories in a Virginia Defamation...
I have been falsely named by a Defendant in Discovery Interrogatories in a Virginia Defamation case. I am not involved in this case other than being falsely accused of trespassing in the answers he provided to the Plaintiff’s attorney.Since he has named me in his Interrogatories, can I send his attorney a C&D? How can I stop him from naming me for something I had nothing to do with?
Submitted: 6 months ago.Category: Family Law
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11/28/2017
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 12,474
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 6 months ago
Looking forward to hearing from you.
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago

Great, thank you! Bear with me a moment while I review…

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Family Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks so much for your patience. This is something that you would not likely need to worry about at all. During the discovery process, a party may ask interrogatories (questions) to the other party to help ascertain facts and develop evidence to eventually prove at trial. The interrogatories are not ordinarily managed by a judge and the process is frequently done informally between the litigants. In the interrogatories, each party may make assertions that have yet to be proven as fact to help support their case. If someone is named in an interrogatory and there is false information in there, it has no bearing on the the person that was named as the documents are not public record and there is no legal liability attached to being named. Thus, there is nothing legally that you have to do.

As you mentioned though, you may want to consider just writing a cease and desist letter, advising them that they have the facts incorrect and that they should re-send the interrogatories with accurate information. Lawyers use letters like these often to enforce their client’s rights. Here’s a website that has a good template (click here). It only costs $10 and it is way cheaper than litigation.

Did you have any other questions for me today that I could help you with?

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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).

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