What Can I Do if I'm Mistakenly Named in a Lawsuit?
Full Question:
Answer:
You may make a motion to the court to dismiss you as a party from the case due to mistaken identity. We suggest you obtain a free copy of your credit report every year to assure that it is free of mistakes, as it is virtually impossible to prevent all contingencies. In the case that a judgment is entered against the person who shares your name, and somehow is mistakenly recorded on your credit report, you have the right to dispute the inaccuracy and have it removed.
If there is inaccurate or incomplete information in your credit report:
-Contact both the credit reporting agency (CRA) and the company that provided the information to the credit reporting agency.
-Tell the CRA in writing what information you believe is inaccurate.
Under The Fair Credit Reporting Act, the information provider is required to investigate and report the results to the CRA. If the information is found to be incorrect, it must notify all nationwide CRAs to correct your file. If the investigation does not solve your dispute, ask that your statement concerning the dispute be included in your file. A notice of your dispute must be included anytime the CRA reports the negative item.
Please see the following NJ Rules:
RULE 4:30. Misjoinder And Non-Joinder Of Parties
Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by court order on motion by any party or its own motion. Any claim against a party may be reserved or severed and proceeded with separately by court order.
