Q: What to do if sued for dog bite but don't own a dog?

A: You’d probably want to file some sort of motion to have the case dismissed. There is something that is leading them to think it’s you they need. I provide private dog bite defense statewide.

A: First, when you are served with a summons and complaint, you are required to file, within 20 days, either a response to the complaint (which can be an answer with defenses, a motion to dismiss, or motion for more definite statement) or a motion for extension of time to respond to the complaint. You cannot ignore it because they sued the wrong person. If I were you, I'd immediately contact plaintiff's counsel (either on your own or through counsel that you hire) to advise that they sued the wrong person. Maybe you have the same first and last name as the owner of the subject dog. See if counsel is willing to agree to an extension of time to respond to the complaint, or otherwise find a way to put the case on hold, while they determine the correct person to be served. If any agreement is reached, confirm it in writing, and you probably will want to file an appropriate motion (for example, a motion for extension of time) to ensure a default will not be entered against you. If plaintiff's counsel will agree that you are not the correct defendant, he/she must promptly file a voluntary dismissal as to you. You must make sure that he/she does that.

A: To add to my prior answer, the 20-day response deadline I mentioned applies if you are NOT in small claims court. If you are instead in small claims court (where a claimant may sue for up to $8K plus court costs), you instead must appear at a pretrial conference, if you do not first get the plaintiff to file a voluntary dismissal.