Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

RE: Civil Lawsuit brought against the wrong Company My small

Customer Question
RE: Civil Lawsuit brought against...
RE: Civil Lawsuit brought against the wrong Company
My small business (Corporation) has received a summons as co-defendant in a personal injury lawsuit.
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.
Thank you-
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 8 minutes by:
5/16/2016
Lawyer: Barrister, Attorney replied 1 year ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,534
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..In a situation like this, the plaintiff is negligent in "casting the net" and not making sure that they have the right party here. So if you aren't the correct party, and the plaintiff costs you money on an attorney to file an Answer, then your recourse is to sue them for "malicious prosecution" for any damages that you have incurred due to their negligence in not determining who the proper party is supposed to be..You could ask for punitive damages in your suit to set an example and deter future similar behavior and I would opine that a judge may agree with you since they tend to not like it when plaintiff's abuse the court system like this and might ding them for a pretty good penalty...But if you wanted to avoid litigation, you can have an attorney send a letter to the plaintiff's attorney basically threatening to sue if they don't dismiss you from the suit and reimburse you for your costs.. A prudent attorney would then research this to make sure he didn't look like a fool in court suing the wrong person and advise his client to just apologize and reimburse you after dismissing you as a defendant...thanksBarrister
Ask Your Own Legal Question
Customer reply replied 1 year ago
Thank you for your response. I now know what options I have and will consider how to proceed. I absolutely need my legal fees reimbursed, as we are just a small family owned company. It would be a "plus" to send a message to the Plantiff's attorneys, as they clearly did NOT do their homework and caused my family a lot of anxiety. Thank you so much.
Lawyer: Barrister, Attorney replied 1 year ago
You are very welcome. And this is a complete abuse of the legal system and any attorney should be sanctioned for this sloppy and negligent behavior. Judges don't like this type of shoddy legal work where the attorney just uses the "shotgun approach" and sees if anyone responds..I think if you got an attorney involved and counter sued them, a judge might set an example of them with a nice punitive award in addition to your actual damages...thanks muchBarrister
Ask Your Own Legal Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,534
39,534 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Personal injury. California orange county. Reported to my
the auto insurance scheduled an IME and I just cancelled it. Didn't feel comfortable going. YES.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I recently settled a personal injury case in Maryland. Prior
I recently settled a personal injury case in Maryland. Prior to settlement I was able to reduce my client's medical bills. One of the providers now wants information concerning the settlement. I have … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,966 satisfied customers
I am representing myself on a personal injury lawsuit. If I
I am representing myself on a personal injury lawsuit.If I were to loose the case, can the judgment include the plaintiff's attorney fees, or will it include only an amount for "damages"?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was sued for a "personal injury" that alledgely occurred
I was sued for a "personal injury" that alledgely occurred in May 19, 2015.The lawsuit was filed as "plaintiff-first plaintiff-last vs my-first my-last DBA my-business-name".We went to our first case … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,538 satisfied customers
I settled a personal injury claim on October 25, I signed
I settled a personal injury claim on October 25, I signed the release papers 2 days later, the law firm that was handling my case has not given me my money, the medical bills have been paid, from one … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Had a personal injury,settled,they did not pay the MSA
had a personal injury,settled,they did not pay the MSA account of 42000.We"ve been fighting for 8 years.The total would have been 62,00 at the end.This would have gone to my estate.They,insuranc compa… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I suffered what I believe had been a malicious prosecution.
I suffered what I believe had been a malicious prosecution. They dragged out the legal proceeding and debilitated me through incarceration. Lasted one year. During the process a psych at the jail labe… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
34 satisfied customers
I have a personal injury question. But this is about an
yes, but this is about an attorney in Maryland, who signed to represent for 33 1/3 in a contract, and right before filing deadline wants a 40 percent contract. … read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
Is bullying considered a personal injury? Alabama about a
nothing yet homeschooling now because no one would do anything … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
I won an Arbitration for $10,000. In a personal injury civil
I won an Arbitration for $10,000. In a personal injury civil suit stemming from a car accident. The driver had insurance and lawyers hired by the insurance company. The problem is on the day of call s… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Personal injury---maritime--- actI was injured in april 2015
Second opinion] personal injury---maritime---jones actI was injured in april 2015 while working as a deckhand on a dinner cruise boat in D.C., i've filed a lawsuit, in which the judge states my claim … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
Personal injury lawyer question California. California.
Long story short Lawyer promised a certain amount of $$, settled 10 days ago, after him stating he would get more money. Husband has to have surgery permanently injured and this lawyer never went to our insurance company, for the overage needed to make my husband whole again … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
Punitive damages cap for physicians in Utah? Have there been
Have there been successful cases against physicians in Utah for punitive damages … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
How yo track and file a malicious prosecution case, New
How yo track and file a malicious prosecution case … read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
Alright! As a pro se litigant pursuing a personal injury
Alright! As a pro se litigant pursuing a personal injury claim, is it possible to legally sue someone who has established a temporary restraining order againsy you in the State of Hawaii. Therefore, c… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
How would punitive damages in a Florida probate case be
How would punitive damages in a Florida probate case be calculated? (There is zero case law on the issue that I know of) Scenario: The only son of a man from a first marriage stands to be the benefici… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
ProSe in a malicious prosecution case (plaintiff) The
ProSe in a malicious prosecution case (plaintiff) The defense counsel responded to 1 of 4 requests for admissions. I was told a non response meant admission. However, I'm wondering if theres any legit… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
I'm suing for Malicious prosecution - superior court of nj.
I'm suing for Malicious prosecution - superior court of nj. Since the original complaint and jury demand was filed with the court, additional instances of malicious prosecution have occurred. If I wan… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x