What To Do if You Are Sued by Mistake?

It’s possible to be sued by mistake. Whether your name was confused with someone else’s, the wrong company was identified, or someone else’s actions were linked to you, you should take the lawsuit seriously and respond before the deadline passes.

Whatever the reason for the mistake, the court won’t automatically know a mistake was made. Understanding what happens next can help you respond with confidence. For legal help with responding to a lawsuit, speak with a civil litigation attorney through the Super Lawyers directory.

What Does It Mean To Be Sued by Mistake?

Being sued by mistake means you were named as a defendant in a civil lawsuit even though you aren’t the person or legal entity the plaintiff should be pursuing. The error may be obvious, or it may not become clear until after the lawsuit has been filed:

• You share the same or a similar name as the person the plaintiff intended to sue
• The wrong business entity was identified
• You are a former owner, employee, or corporate officer with no connection to the events in question
• Someone used your identity or personal information without your knowledge
• A clerical or administrative error resulted in your name appearing on the lawsuit

This is different from simply denying the allegations. Many defendants argue they aren’t legally responsible for what happened. Someone sued by mistake is making a different argument altogether: They shouldn’t be part of the lawsuit in the first place. Because those issues are treated differently under the law, the steps needed to resolve them may also differ.

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Can You Ignore a Lawsuit if It Was Filed Against the Wrong Person?

Do not ignore a lawsuit simply because you believe you were named by mistake. Ignoring a lawsuit, for any reason, doesn’t make it go away.

Failing to file an answer by the deadline puts you at risk of a default judgment. The court doesn’t know that you are a mistaken defendant. Once the plaintiff obtains a judgment, they can pursue collection of the damages the court awards, which may be up to the amount requested in the complaint.

Collection efforts could include wage garnishment, bank account seizure, or working with a debt collector. All of these actions can significantly impact your financial stability and future.

How Do You Show That You Were Sued by Mistake?

The methods used to prove a mistake was made will vary based on the specific mistake made.

One option is to e-file an answer to the lawsuit that identifies the mistake. Another option is to file a motion to dismiss, naming the mistake. In some situations, it could be as simple as communicating with the plaintiff’s attorney.

The obvious error could be corrected on their end. However, do not rely solely on the plaintiff to identify and correct a mistaken-identity issue. You still need to protect your rights by filing the appropriate response by the deadline in case the plaintiff’s attorney doesn’t make the correction.

Provide evidence to validate a claim of mistake. This could include identifying documents that prove you are someone else. Corporate records, employment documents, or business registration records may also be useful.

What Happens After the Mistake Is Identified?

Several things can happen after the mistake is brought to everyone’s attention. The easiest is for the plaintiff to voluntarily withdraw their claim, resulting in the case being dismissed. This is called a voluntary dismissal. The plaintiff can amend their complaint to correct the defendant and refile.

If the plaintiff doesn’t withdraw, the issue may be heard by a judge in a court hearing. The judge may grant a motion to dismiss the case on the basis of the mistake. If the judge doesn’t agree with the dismissal, it will be denied, and the case will continue to trial. Depending on the case, the judge may issue a dismissal with or without prejudice.

Sometimes, the mistake isn’t clear or is disputed by the plaintiff. In these situations, additional proceedings may be necessary. There could be a limited discovery phase to gather more evidence directly relating to the mistake claim. That way, the court can establish the parties’ identities.

How Far Into the Legal Process Can a Mistake Be Corrected?

Generally, the earlier in the legal process, the better to have a mistake corrected. The issue could be corrected before the lawsuit is ever filed if the plaintiff catches the mistake.

However, it’s more common for the mistake to be corrected shortly after service or early in the discovery process. This is when the defendant becomes aware that they are not the correct party named in the lawsuit. The defendant will then file the appropriate motions to inform the plaintiff and the court of the mistake.

In less common situations, the case could get further along in the legal process. However, this typically happens when identity issues are not immediately apparent. A delay in correcting the mistake is less than ideal, as it increases costs and the complexity of the case for everyone.

Should You Hire a Lawyer if You Were Sued by Mistake?

While it’s always helpful to have the guidance of a licensed attorney, hiring a lawyer may not be required in all situations. Consider your circumstances and the factors surrounding the mistake.

A fairly straightforward and simple mistake may not require legal representation. Lawsuits brought to small claims court typically do not involve attorneys because they involve two parties and a low dollar amount in dispute. Representing yourself in this type of situation would likely make sense. However, a case involving multiple parties and a significant amount in dispute would be more likely to require a lawyer’s guidance.

Once a lawyer is hired, they will evaluate the case and determine the best approach for addressing the mistake. They will ensure court deadlines are met and the appropriate motions are filed. A lawyer also steps in to communicate on behalf of their client. This includes communicating with the plaintiff’s legal representation. Most importantly, they will advocate on the client’s behalf to prevent a default judgment.

Who Pays the Legal Costs?

Generally, each party in a lawsuit pays for their own attorney. It’s a common misconception that being wrongfully sued means the plaintiff must reimburse the defendant’s legal fees and court costs.

There are exceptions to this general rule. Some statutes, contracts, or court sanctions allow the defendant to recover legal fees in specific circumstances. One example of this is a court awarding damages when the lawsuit is frivolous or vexatious.

Another option, in some cases, is to file a counterclaim against the plaintiff, but the legal basis matters, and some claims for being wrongfully sued, such as malicious prosecution, generally are not available unless the original case ends in your favor.

What Should You Do Immediately After Being Served?

Accept service of process. Refusing it doesn’t make the lawsuit go away. Once you have the summons and complaint, read them carefully in their entirety. Verify that you are actually the person named in the court papers. Take note of all listed filing deadlines. You will need to respond by that date.

If you are not the correct person, gather documentation to show the mistake. The court will need more than just your word. Do not avoid or delay responding. It can be helpful to contact an attorney who can advise you on the process for the specific court jurisdiction where the lawsuit was filed.

Seek Legal Advice

Being sued by mistake doesn’t necessarily mean you’ll stay in the lawsuit, but it does mean you need to take the situation seriously. Responding on time, understanding why you were named, and following the proper legal process can help prevent a simple error from becoming a much bigger problem.

An attorney can evaluate your case, explain your options, and work toward resolving the matter as efficiently as possible. Use the Super Lawyers directory to find an experienced civil litigation attorney in your area.