If the plaintiff misspells the defendant’s name in a small claims summons. what options does the defendant have?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If the plaintiff misspells the defendant’s name in a small claims summons. what options does the defendant have?
Would the plaintiff have to refile? This is over false hotel damage which we did not do.
Asked on December 22, 2011 under Bankruptcy Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Mispelling a name would not require refiling. At most, the plaintiff would have to--and would be allowed to--amend his or her complaint to correct the mispelling.
If you did not do the damage, you can fight the claim, by presenting your own evidence and testimony that you did not do this; then the court will decide who--you or the plaintiff--is more credible. Or you can try to settle for something you are willing to pay, so as to avoid litigation and its attendent costs and uncertainties.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.