From the NY Times:
The phone rang. A woman from a law firm representing a collection agency wanted to know if Mark Hoyte was Mark Hoyte, and he said he was. They were calling to collect.
Mr. Hoyte said he never had that credit card.
Then the woman wanted to know if his Social Security number ended in 92, and Mr. Hoyte said no, it ended in 33.
“She says to me, ‘Your date of birth is in 1972,’ ” Mr. Hoyte, 46, recalled in an interview.
Clearly, they had the wrong Mark Hoyte. But that did not stop the lawyers at Pressler & Pressler from suing him. They swore out a complaint and sent a summons to Mr. Hoyte, ordering him to be in court last Monday.
Then things took a rare turn.
The judge turned to Mr. Hoyte, who works as a building superintendent, and asked him how much a day of lost pay would cost. Mr. Hoyte said $115.
“Do you think that’s fair?” Judge Dear asked Mr. Wang. “That he should lose a day’s pay?”
“My personal opinion,” Mr. Wang said, “would not be relevant to the application being sought.”
The judge said he was prepared to dismiss the case and wanted Mr. Hoyte compensated for lost wages.