xiinfaniin Posted January 26, 2006 It is quite annoying when a lazy and faulty system drags you along with it. In a less than two years time, I have been subjected to court summons and been served subpoenas. Of course, it all turned out to have been a mistake. It was net result of a broken system, and partially, the poor judgment of greedy attorney. Here is how it all unfolded. ACT 1. A court clerk turns up on my doorsteps to serve me a court subpoena. I was stunned that I was subpoenaed to begin with, but even worse, the reason I was subpoenaed was even more confounding. You are subpoenaed to serve as a witness for the case DistrictX vs. Ms Johnson. The subpoena read. Wow! Allegedly since Ms.Johnson is my long time neighbor, I must’ve been to one of her load parties that she periodically hosts. Since I have been to her parties, or so the assumption goes, I would’ve probably been present when the alleged crime had taken place! And so my perceived knowledge about the incident, the court was informed, is critically valuable to this case. Of course I was shocked, and, angry. I called the lawyer of Ms. Johnson (as instructed) and ask him to answer all the whys, and hows that I had. Finally he succumbed to my demand and dropped me as a witness for that case. That was done. ACT 2. Another court clerk shows up at my door and serves me a court summon (not a subpoena this time). The case is Law FirmY vs. Xiin. Wow! Xiin has done a quite a damage to a credit card company, and this Law FirmY is hired to fetch that money from Xiin who has been alluding justice for some time now. War yaa Illaahay yaqaan! This time it was even worse than the previous episode because the court date was very close. Faced with a looming court appearance for a legal issue that I have no idea why I am part of, I decided to call the Law Firm to ask them more details about the case. It turns out that my name has been mistakenly picked from a database. The real Xiin, who’s the real offender here, left no traces what so ever. Now what? I asked. You have to dispute in writing that you are not the said person, the Law FirmY answered. And to prove that you are not him, you have to include a copy of your driver license, they instructed! Or else you have to fight in court, they warned. As busy man as I am, I succumbed to their demand. The bad news about this is disputing in writing does not end this legal flop. They will have to investigate. Only then will they remove my name from their database, and stop this harassment. I don’t know, I hope it ends there. ACT 3. This time a letter arrived in my mail from a distant state to which I have never been, mind you, threatening me a legal action if I don’t attend my court appearance. This regards, the letter said, my control substance infraction that I committed, according to the letter, in that state. A control substance! Though I later figured out that it meant qaad, I was really shocked that good Xiin would be accused using control substance in violation of the Law. Of course, after couple of calls the matter was settled, and my good name cleared. But it is beyond me why these legal systems are so lazy to identify people with their proper identification, driver license, social security, etc. Why do they rely on a mere name match? Did a similar fate happen to you? And how did you fight it? What is the best way to handle such incidents, I ask. Where are the lawyers of SOL? Quote Share this post Link to post Share on other sites
J.Lee Posted January 26, 2006 After the investigation is done and your name is, insha'allah, cleared: sue FirmY for causing you undue emotional distress and its likes. If you get bit, bite back I say! Quote Share this post Link to post Share on other sites
Khayr Posted January 26, 2006 Salamz, You can turn around and proof yourself to be the 'GOOD XIN' and that it is a case of MISTAKEN IDENTITY...then proceed to MILK these LAWFIRMS by telling them that these subpoenas and court orders have caused you Mental Anguish-The pain and suffering of being Mistaken for SOMEONE ELSE and becoming a SUSPECT, a participant in a Civil Suit and being threatened -FINANCIALLY i.e. Law suit Harassement-Now that you've told the story to others at work, they can look at u diff. as a criminal. This harassement originated from the subpoenas and court orders[/b] You can go to a family practitioner and get these EFFECTS documented AND any OUTSTANDING BILL that you haven't payed, you can document that too so that you can make your case stronger. i.e. Look, Xiin can't pay his Bills anymore because of these subpoenas and court orders that were sent by the lawfirms. This way, word gets around that folks shouldn't mess with your NAME anymore. Prove yourself innocent and ask THEM to pay for the time and money it took you to prove your innocence. Make sure they know that it ain't a joke, saxib. Lawyers are famous for MILKING PEOPLE, so MILK THEIR LAW FIRMS BACK. Quote Share this post Link to post Share on other sites
-Serenity- Posted January 26, 2006 Though I later figured out that it meant qaad, I was really shocked that good Xiin would be accused using control substance in violation of the Law. @ Good Xiin. Atleast thats a likely charge. Is your name Mohamed by any chance? Quote Share this post Link to post Share on other sites
Valenteenah. Posted January 26, 2006 and is ur birthday 01/01? Quote Share this post Link to post Share on other sites
xiinfaniin Posted January 26, 2006 Jimce Lee & Khery; As much as I would not like to involve with these legal wranglings, iney iyada tagtaan ka cabsi qabaa walle . Curling & Ahura; My name is not Mohamed, and my DOB is not 01/01 either. Bal adinku ka taliya ! Actually Ms. Johnson was the actual name of my neighbor. So it was not a Xaliimo whom I was suspected [assumed] to have been to her parties. P.S: My name is not even a very popular name! Quote Share this post Link to post Share on other sites
xiinfaniin Posted January 27, 2006 ^^War Ducaysanow, soo noqo adeer! Xaggaad aaday soo adigaa kistaadiina qaatay . Quote Share this post Link to post Share on other sites
Dhimbil Posted January 28, 2006 ^ Good Xiin you just have to accept your fate. Absolutely nothing you can do. Even suing will not solve the problem. You already spent energy and resource on this and suing will only exhaust you more. I once felt wronged and decided to just atleast file a complaint report. But by the time I obtain all the information and filed the report at the proper office/dept, I had to wonder if it was all worth it. Quote Share this post Link to post Share on other sites
STOIC Posted January 28, 2006 How come i never saw this? Warya Xiino niin ay balayo soratsatay batahay kowdeh! Check this website that might help you get after these guys.When you are reading the cases from this website make sure you know who is bringing the lawsuit(Plaintiff), whom is being sued (Defendant), what is the cause of action(this may involve the question under consideration) and also when you are reading the cases identify the elements used by the court to reach a determination.You don't need a lawyer at the moment.It is important to do your research first before you seek professional help.Right after you check the informations or the consequences partaining to your case it will be wise for you to seek a timely asistance to avoid major problems.Remember most atorneys rely upon their clients for pertinent and timely information.Good luck bro! The website is Find Law Quote Share this post Link to post Share on other sites
Jacpher Posted January 28, 2006 I posted a reply yesterday and a few hours later, I wanted to edit out something but the pc froze on me. I had no choice but cold reboot the system. I guess that’s a normal occurrence whenever you have ten or so applications running simultaneously. Back to the topic. I have had a share fair of similar problems. I recently received some collection letters alleging that I owe money at a Casino. Some Faarax out there who happens to have my last name as first name ignored to pay his bill and the Casino decided to lookup the phone book and start harassing my mailbox. These people have no brain to distinguish Mohamed and Mohamoud. Neither of these are my names but I noticed as I have a friend whose name is Mohamoud but goes by Mohamed. He said he’s tired of correcting people all the time. How come they don’t mix up Eric and Erica, or Tony & Toni or Victor and Victoria? The Casino finally realized they’re chasing the wrong guy and left me alone. These things happen all the time but you should know the ones that require legal advice and the ones you can ignore and shred. Quote Share this post Link to post Share on other sites
xiinfaniin Posted January 28, 2006 Khaalid, thanks for the advice bro. As you know الصبر عند الصدمة الأولي sideedaba, and futher more this is about defending your good name and repute. Good Xiin will not go down without putting a fight. I promise. But it seems I am out of the wood now, and I have nothing to worry. It was more of finding out if other nomads had similar experiences like mine. Ducaqabow, yours was a lot easier to handle. It was, as I am sure, a nuisance nevertheless. Stoic, Ahsanti saana, saaxiib. I may need it one day. If my name were Mohamed, or mohamamud, or abdi for that matter, ma ciil baan qabi lahaa. Quote Share this post Link to post Share on other sites
Castro Posted January 28, 2006 ^ Saaxib malaha magacaaga runtu waa Xiin Faniin? Quote Share this post Link to post Share on other sites
xiinfaniin Posted January 28, 2006 ^Waryee Castro xaggee aaday saaxiib? Mise adna sida Ngonge baad rabtaa in lagusoo sasabo . My name, good Castro, is just that, my name . But it's none of the above. Quote Share this post Link to post Share on other sites
Castro Posted January 28, 2006 ^ Saaxib meelna ma aadine halkii ayaan dhako waynahay wali. Mise hadaan dhawr cisho maqnaado waad ii xiistaa ninyahow? Wadankaan hadii aan askar iyo waxaa faraha lagalo anigu waa tarxiil deg deg ah xaalkaygu. Quote Share this post Link to post Share on other sites
xiinfaniin Posted January 28, 2006 ^^^Waan gartay…the oldies of SOL baa mid walbaa wuxuu ayaamahan keenay in la bar-baryo. Mee Baashi (waa ninka baxarkaan igeliyey ee SOL inta i baray haddana iiga baxay ), oo mee Mutakallim? Markaasaan is iri isna cudurkii baa lagu daartay . Xaalku waa shax-shax baan ugartay . Quote Share this post Link to post Share on other sites