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  • Notice of Deposition wrong person

    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

  • #2
    Notice of Deposition wrong person


    "rs" <[email protected]> wrote in message
    news:[email protected] 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.



    Comment


    • #3
      Notice of Deposition wrong person

      [email protected] (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.

      Comment


      • #4
        Notice of Deposition wrong person

        [email protected] (rs) wrote in message news:<[email protected] 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.

        Comment


        • #5
          Notice of Deposition wrong person

          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.


          [email protected] (Arthur L. Rubin) wrote in message news:<[email protected] com>...
          [email protected] (rs) wrote in message news:<[email protected] 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.

          Comment


          • #6
            Notice of Deposition wrong person


            "rs" <[email protected]> wrote in message
            news:[email protected] 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.


            Comment

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