i received a summons for my brother who never lived at my address. what can i do to remove my address?
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i received a summons for my brother who never lived at my address. what can i do to remove my address?
I received a summons for my brother who
is apparently going into foreclosure .
We don’t speak but my address is listed
on the summons. I had nothing to do
with the loan. The server looked
through my mail and said that he knew
my brother lived in my house. I want my
address removed from the summons. What
can I do?
Asked on August 26, 2016 under Real Estate Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It doesn't matter if your address is on the summons: a summons is simply where they hope to find the defendant, and can be his home, a relative's home, a hotel room he's been staying in, his place of work, etc. Simply having your address on the summons in no way brings you into the lawsuit, which is good because there is no formal mechanism for removing an address from a summons. All you can and should do is send the lawyer for the forceclosing lender a letter, sent some way you can prove delivery (e.g. certified mail, preferably with return receipt requested) explaining that 1) your brother does not, and has never, lived there; and 2) you are not accepting service for your brother, since he does not live and you are neither his attorney nor authorized to accept service for him. Send another copy of the letter to court, referecing the docket number of the case, so they will put that in their file and not assume that your brother was properly served.
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