What to do if I have been summoned to appear in court over a supposed debt of $250?
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What to do if I have been summoned to appear in court over a supposed debt of $250?
I do not remember If there was a contract signed or not but whatever the case the summons was to Kevin C yet my legal name is Kevin C-R. My passports, IDs and social security card all have that name and I use Kevin C-R when I conduct business. Do I even have to show up to court considering that the summons was to Kevin C and not Kevin C-R?
Asked on December 26, 2012 under Bankruptcy Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If it is otherwise clear that the person identified in the summons and complaint is you--for example, it was evidently served on you at the correct address--then a court would almost certainly *not* dismiss the claim because the legal name is incorrect. The purpose of a summons and complaint is to give the party being sued notice of the suit, which you have--since you have notice, service would be valid and the court has jurisdiction over you. If you do not show to court, you will lose by default (like forfeiting). If you intend to fight this, appear in court and have a defense; otherwise, either pay the whole amount and get a written agreement by the plaintiff to dismiss the claim with prejudice, or else try to negotiate some mutually agreeable settlement with the plaintiff, either before or at court.
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