Q: I got an ad for legal services to my address but for my son indicating a civil lawsuit was filed. He does not live here!
I don't want a judgment against him but especially not indicating he lives at my address. Can I notify the court that they have the wrong address? Or is the whole point for whoever is suing to use the wrong address so you won't respond. He has not lived here for 7+ years.
A:
Back up. You say you got an advertisement for legal services. Ads are not the legal complaint. The complaint may have been properly filed.
Ads are filed in advance of service of the lawsuit. What happens is the lawyers subscribe to a service that tells the lawyer when a certain kind of case is file - employment lawyers get unemployment appeals, traffic lawyers get traffic tickets and bankruptcy lawyers get lawsuits for debts. So what kind of ads are these?
The fact that you are receiving the ad suggests that the complaint may have used your address for your son. In such case, the sheriff may be out to pay you a visit. If that happens, you need to tell the sheriff or any adult in your household that your son does not live with you and under no circumstances should you accept any papers from the sheriff. If any papers arrive by mail after that, write on the envelope "return to sender forwarding address unknown." Its up to whoever is suing your son to find him and serve him properly.
There can be no judgment until your son has been served with a complaint. However, I have seen cases where substitute service was made by a process server and questionable or there is service by publication. In either case, it would be possible to get a default judgment. I suggest that you alert your son to the possibility of a lawsuit and have him check the courthouse to see who is suing him and for what. Depending on who it is and what the debt is for, he needs to speak with an appropriate lawyer.
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