What do I do if I’m sued for a debt that belongs to a person with the same name but a different SSN?

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What do I do if I’m sued for a debt that belongs to a person with the same name but a different SSN?

Last year, I received a complaint that I owe money to debt collector and need to show up at court. Unfortunately, I disregarded it because the social security number on the paper was different from mine. However, I received another paper today that’s similar to what I received last year. I went to the clerk’s office and the clerk told me that I need to get legal advices to solve this matter. Where do I need to start?

Asked on November 17, 2011 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have been sued in a matter over a case of mistaken identity, you need to call the attorney who filed the lawsuit to explain your position regarding it. Follow up with a written letter confirming the telephone call. Keep a copy of the letter for future need.

I would offer to provide the attorney who filed the lawsuit against you with all documentation to make it easier for him or her to decide to dismiss you from the lawsuit. If you are unable to convince the attorney that you are not the correct defendant, you should then consult with an attorney practicing general civil and contract law.


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