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Papers Served, Full of Mistakes

 

Q: An individual came into my office and delivered an envelope with my name on it. I was not in at the time and my office assistant took it. Inside was a notice that my company -- a Fortune 500 -- was being sued for non-payment on an insurance claim. My name was not on the form nor was I personally served. Also the address was incorrect on the form. Will I still need to show up to defend myself?

A: In most states when a business is sued, papers can be left at a principal office with an adult in charge. But it sounds as if your company--not you--were sued. For these legal purposes, the name on the envelope is irrelevant, but don't discuss that reality with a Postal Worker; many of them tend to get a little testy.

Still, your company should send someone to court on the appropriate day. If it fails do so so, it risks the possibility that a default judgment will be entered against it.

Copyright 1999 Nolo.com, Inc.

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