Civil Suit But Case of Mistaken Identity - Two Different States

[king2157]

Jurisdiction

Pennsylvania

My sister was recently served a civil suit by an individual with whom she does not know, has never heard of, and has never had any contact with. The plaintiff is accusing her of internet libel via Facebook and other social media areas, but we are guessing this is a case of mistaken identity as her internet presence is very limited and is restricted to family only.

The main issue is that my sister lives in Minnesota, but the court for the hearing is in Pennsylvania, so she will not be able to appear. She certainly doesn't want a default judgement or to have to pay any unrecoverable fees to fight the complaint, due to non-appearance, for an issue that has nothing to do with her.

Ideas?

 

[zddoodah]

The first thing she might try is calling the plaintiff's lawyer and seeing if she can convince the lawyer that this is a case of mistaken identity.

If she can't convince the lawyer to dismiss her, then she can allow a default judgment to be entered against her or file a responsive pleading -- either through her own attorney or by representing herself. She might try contacting her homeowner's or renter's insurance carrier to see if her policy affords any coverage for this (probably not, but it can't hurt to ask).

 

[adjusterjack]

She might try contacting her homeowner's or renter's insurance carrier to see if her policy affords any coverage for this (probably not, but it can't hurt to ask).

Good idea. Many homeowners policies include Personal Injury Liability coverage in addition to Bodily Injury and Property Damage Liability coverage.

Personal Injury Liability includes, but might not be limited to:

1. false arrest, detention, or imprisonment:
2. libel, slander, defamation, or product disparagement;
3. malicious prosecution (which may include abuse of process);
4. wrongful eviction, wrongful entry, or violation of right of private occupancy; and,
5. invasion of or violation of right of privacy.

Ideas?

Have your sister read her homeowners or renters policy to see if that coverage is included.

 

[army judge]

My sister was recently served a civil suit by an individual with whom she does not know, has never heard of, and has never had any contact with.

If I were your sister, I would first endeavor to determine IF the alleged lawsuit has actually been filed and is real; versus a scam to con money out of me.

Once the legitimacy of the lawsuit is determined, I would then consult an attorney in my state.

Personal service across state lines for most lawsuits is difficult, if not impossioble or meaningles, even if one is served.

Suffice it to say, after she determines the legitimacy of the purported lawsuit, she should at least speak to two local attorneys, and proceed accordingly.

What she wants to avoid is a default judgment.