I got a notice of deposition from a court. I have nothing to do with
this case. Seems like they sent it to 3 people in the area with the
same name. I am not sure what I should do. I didn't see the word
subpeona anywhere in the letter. Can I get in trouble for not
appearing. Should I send a letter back that I have nothing do do with
this case. Should I send it to the lawyer or the court.
Thanks
Richard
07-17-2003, 07:54 AM
"rs" <rsaforjm@hotmail.com> wrote in message
news:91a25363.0307170620.4c01a8f6@posting.google.c om... I got a notice of deposition from a court. I have nothing to do with this case. Seems like they sent it to 3 people in the area with the same name. I am not sure what I should do. I didn't see the word subpeona anywhere in the letter. Can I get in trouble for not appearing. Should I send a letter back that I have nothing do do with this case. Should I send it to the lawyer or the court. Thanks
Send a letter to the attorney and the court.
Apparently all they have to go on is a name and you happen to be the lucky
winner.
This is not legal advice. Legal advice is obtained by hiring an attorney.
David W.
07-17-2003, 09:54 AM
rsaforjm@hotmail.com (rs) wrote in news:91a25363.0307170620.4c01a8f6
@posting.google.com:
I got a notice of deposition from a court. I have nothing to do with this case. Seems like they sent it to 3 people in the area with the same name. I am not sure what I should do. I didn't see the word subpeona anywhere in the letter. Can I get in trouble for not appearing. Should I send a letter back that I have nothing do do with this case. Should I send it to the lawyer or the court. Thanks
I'd first write a letter to whomever sent the notice and explain that you
have no knowlege of or relationship to the court case. If all else fails,
just show up, look confused, and shrug a lot.
Arthur L. Rubin
07-17-2003, 11:15 AM
rsaforjm@hotmail.com (rs) wrote in message news:<91a25363.0307170620.4c01a8f6@posting.google.com>... I got a notice of deposition from a court. I have nothing to do with this case. Seems like they sent it to 3 people in the area with the same name. I am not sure what I should do. I didn't see the word subpeona anywhere in the letter. Can I get in trouble for not appearing. Should I send a letter back that I have nothing do do with this case. Should I send it to the lawyer or the court. Thanks
If the method by which you received the "notice of deposition" is valid,
you must respond. If you are not going to show up at the deposition,
you'll need a lawyer to tell you how (or whether) to file an "answer",
a "motion to quash", or take some other action.
Laws in different states/provinces or countries may differ.
Thanks for all your advice. Looks like I am required to appear unless
they excuse me. I might as well contact a lawyer, probably the guy
who closed my house. I hate to spend money for something stupid like
this. But I don't want to clear this up later when I am trying to
refinance or buy a house.
ronnirubin@sprintmail.com (Arthur L. Rubin) wrote in message news:<4e6ea60c.0307171015.6d12f956@posting.google.com>... rsaforjm@hotmail.com (rs) wrote in message news:<91a25363.0307170620.4c01a8f6@posting.google.com>... I got a notice of deposition from a court. I have nothing to do with this case. Seems like they sent it to 3 people in the area with the same name. I am not sure what I should do. I didn't see the word subpeona anywhere in the letter. Can I get in trouble for not appearing. Should I send a letter back that I have nothing do do with this case. Should I send it to the lawyer or the court. Thanks If the method by which you received the "notice of deposition" is valid, you must respond. If you are not going to show up at the deposition, you'll need a lawyer to tell you how (or whether) to file an "answer", a "motion to quash", or take some other action. Laws in different states/provinces or countries may differ.
Zen Cohen
07-17-2003, 02:45 PM
"rs" <rsaforjm@hotmail.com> wrote in message
news:91a25363.0307171327.3873736d@posting.google.c om... Thanks for all your advice. Looks like I am required to appear unless they excuse me. I might as well contact a lawyer, probably the guy who closed my house. I hate to spend money for something stupid like this. But I don't want to clear this up later when I am trying to refinance or buy a house.
On what authority are they saying you're required to appear? In TX, I
believe (though am not sure) a non-party deponent must be subpoenaed. If
you really have nothing to do with the suit, you might consider letting the
atty know beforehand that you're not the witness they're looking for and if
he refuses to withdraw the notice (assuming you're even bound to appear),
you'll hire a lawyer to move to quash the depo and ask the court to order
him or his client pay your atty fees.