civil-procedure washington
How would I get rid of a lawsuit that incorrectly names me as the defendant?
<p>Somewhere on the Internet, there's an obscure business directory that has me incorrectly listed as the local Little League sports program.  For the purposes of this question, assume the entry reads as follows:</p>
<pre><code>Mark Doe
Anytown Little League
[my home address]
[my home phone number]
</code></pre>
<p>ie. my name, phone number, and address juxtaposed with a company that I have no connection to.</p>
<p>Once every year or two, I need to deal with a wrong phone number or a piece of mis-directed mail.  Now, suppose someone decides to sue the program and gets the contact information off this directory.  I'd have in my hands a summons and complaint that describe me as being the defendant in the lawsuit.</p>
<p>But I'm not the local Little League sports program, something even a perfunctory Google search would reveal.  What procedure would I use to get rid of the lawsuit, and can I get the plaintiff to pay me to cover the costs of their screw-up?</p>
<p>(Not a duplicate of <a href="https://law.stackexchange.com/questions/47051/what-are-ones-options-if-he-is-incorrectly-listed-as-defendant-in-civil-lawsui">this question</a>: in my hypothetical scenario, I've got no link whatsoever to either the plaintiff or the intended defendant.)</p>

<p>The plaintiff probably has a lawyer, and the lawyer is virtually guaranteed to not offer to pay you anything. You might be able to persuade them that they stand no realistic chance of winning the case, by proving that the alleged wrong was committed by a person acting on behalf of the program, and that you have absolutely no real connection to said program, other than being listed erroneously in a business directory. In the complaint that they file with the court, you can see what reasons they present for naming you as a defendant. They may just say that you are the president of the club. That would be something that they have to prove in court.</p>
<p>Your denial of any connection to the club would not be sufficient, in the face of their concrete evidence that you <em>are</em> the president, so you would need to muster more-powerful evidence to refute their claim. The obvious best way to do that is to provide more persuasive evidence that Bill Jones is the president, and has been for 5 years.</p>
<p>The procedure, if you are sued or have good reason to think that you are about to be sued, is that you hire an attorney who will attempt to persuade the attorney that they made a mistake in naming you as defendant, that you have no connection at all to the club; and if they cannot persuade them to amend the complain, he will defend you (filing an appropriate motion).</p>
<p>In the realm of preemptive actions, you could also contact the directory and get them to voluntarily change the entry. Or you could contact an attorney about getting the directory to involuntarily delist you.</p>
