My question involves court procedures for the state of: New York
Hello everyone,
I tried to see if a similar case could be found but not exactly.
Here is the story: I used to know a neighbor who once asked me for a tip to where he should go to make some money on the web. I told him "try Fantasy Football". He opened an account on a website I also play. but he didn't really know how to play. So, I ended up playing his money which in the end we lost. He was able to see what was being done and how the games were being played at all times.
Then he told me that because it was me who recommended the site and played the games that I should refund him all his loses. :wallbang:
I told him that that would be unfair to me. The following month he moved out to another borough and I didn't hear from him for a few months. One day I received a call from him saying that he was gonna sue me if I don't reimburse the money he lost. I told him "good luck with that". :D
Then a month later, I receive summons to appear in court by the mail system. He actually went ahead and sued me for that money only he lied in the complaint because he claimed that I borrowed money from him and that I didn't pay up.
The complaint notice came to my home with the correct address but my last name is completely wrong!
To give you an example: if my name was Joseph Santoro, this guy entered Joseph Samto.
Here is my dilemma, should I just ignore the notice and not appear in court? I know he will probably win a default judgment, but won't this judgement be against someone who doesn't exist? If so, he wouldn't be able to get anything from me, I think.
Second, If I respond or show up in court, I can simply deny that i borrowed any money from him. Isn't the burden of proof on his side? If so, he doesn't have any paper note or agreement to prove that. The case should be dismissed, correct?
I know you guys will know the best approach and all, but I am thinking...hmm... maybe if I just let him go to court (this is 6 months after entered his complaint), let him win the case by default and then try to collect money from someone who doesn't exist. I mean. even to have a Marshall garnish my wages, he would have to know my last name exactly or correctly, no?
He will probably then have to go back to square one and start a new lawsuit under my correct name, that is, if he ever finds out what my last name really is. At best, he will give up and move on, get over his stupidity. At worst, he will find out my last name and sue again at which time I will then respond and appear in court to win the case since it's only his word against mine and he has nothing to prove that 'he loaned me' any money.
Am I correct with my assumptions or can he really get my last name corrected and get a second Writ of Execution for the sheriff (assuming he ever realizes that the name was wrong)?
I hope I made the case clear, otherwise please ask any questions regarding all of this.
I would appreciate any feedback from you law experts so very much. Whatever you say will influence on my next move.
Thank you!
Hello everyone,
I tried to see if a similar case could be found but not exactly.
Here is the story: I used to know a neighbor who once asked me for a tip to where he should go to make some money on the web. I told him "try Fantasy Football". He opened an account on a website I also play. but he didn't really know how to play. So, I ended up playing his money which in the end we lost. He was able to see what was being done and how the games were being played at all times.
Then he told me that because it was me who recommended the site and played the games that I should refund him all his loses. :wallbang:
I told him that that would be unfair to me. The following month he moved out to another borough and I didn't hear from him for a few months. One day I received a call from him saying that he was gonna sue me if I don't reimburse the money he lost. I told him "good luck with that". :D
Then a month later, I receive summons to appear in court by the mail system. He actually went ahead and sued me for that money only he lied in the complaint because he claimed that I borrowed money from him and that I didn't pay up.
The complaint notice came to my home with the correct address but my last name is completely wrong!
To give you an example: if my name was Joseph Santoro, this guy entered Joseph Samto.
Here is my dilemma, should I just ignore the notice and not appear in court? I know he will probably win a default judgment, but won't this judgement be against someone who doesn't exist? If so, he wouldn't be able to get anything from me, I think.
Second, If I respond or show up in court, I can simply deny that i borrowed any money from him. Isn't the burden of proof on his side? If so, he doesn't have any paper note or agreement to prove that. The case should be dismissed, correct?
I know you guys will know the best approach and all, but I am thinking...hmm... maybe if I just let him go to court (this is 6 months after entered his complaint), let him win the case by default and then try to collect money from someone who doesn't exist. I mean. even to have a Marshall garnish my wages, he would have to know my last name exactly or correctly, no?
He will probably then have to go back to square one and start a new lawsuit under my correct name, that is, if he ever finds out what my last name really is. At best, he will give up and move on, get over his stupidity. At worst, he will find out my last name and sue again at which time I will then respond and appear in court to win the case since it's only his word against mine and he has nothing to prove that 'he loaned me' any money.
Am I correct with my assumptions or can he really get my last name corrected and get a second Writ of Execution for the sheriff (assuming he ever realizes that the name was wrong)?
I hope I made the case clear, otherwise please ask any questions regarding all of this.
I would appreciate any feedback from you law experts so very much. Whatever you say will influence on my next move.
Thank you!
Service of Process: Being Sued by a Neighbor Who Didn't Even Know My Name Correctly
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