QUESTION
Are there correct formal procedures for sorting out legal confusion between 2 people with the same name?
Asked on Jul 10th, 2012 on Foreclosures - Florida
More details to this question:
I was just served with foreclosure papers for a case against a man who has the same name as my fiance. (We've had similar trouble before they have the same middle initial and we live in the same township.) A quick Google search shows that the property in question is owned by the other man. I've left a voicemail message with the law firm named on the papers. But is there anything else I should be doing to protect us? Because if they couldn't get this right the first time, I don't feel confident that they'll be bending over backward to act in our best interests going forward!
6 ANSWERS
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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You should return the papers you received to the law firm that was named on the papers by certified mail return receipt requested along with an explanation that they were served on the wrong party and be sure to keep a copy of your letter in case the law firm disregards your advice that they have served the wrong party. If you have had the problem with this other man with the same name as your fiance and know his address you would be wise to include this information in your letter of explanation to the law firm. If you know where the other person lives, it would also be wise to give that information to the law firm. It is unfortunate for your fiance that someone with the same name and middle initial lives in the same township. You should probably contact the postmaster and let that office know about the problem and try to work something out with the postal authorities to make sure that the mail gets to the right place if your fiance is getting mail that belongs to the other person with the same name and middle initial.
Answered on Aug 19th, 2012 at 7:31 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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There is nothing formal. I would write a letter, send it by certified mail to both the attorney. If there is a court involved, put the cause number on it and send a copy to the clerk.
Answered on Aug 13th, 2012 at 4:36 PM
Criminal Defense Attorney serving Tarzana, CA
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The Law Office of Anthony A. Roach
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If you can, I would suggest contacting the other man with the same name and be willing to sign a declaration if necessary to address the improper service.
Answered on Aug 13th, 2012 at 3:41 PM
Construction Attorney serving Bloomfield Hills, MI
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Law Offices of Jeffrey Z. Dworin
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You are really looking at protecting your namesake. Send a certified letter to the law firm with a copy to the other you. This will give him the defense that he was never notified.
Answered on Aug 13th, 2012 at 2:37 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Contact the other same named person and let him know what is going on.
Answered on Aug 13th, 2012 at 2:30 PM
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You should notify the law firm in writing of the mix up. That will help to minimize future mistakes and will create an important paper trail.
Answered on Aug 13th, 2012 at 2:30 PM