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A court's case records in a criminal matter incorrectly show the defendant as living at an address that doesn't belong to him but rather to a completely unrelated third party having the same name causing him considerable mental anguish and loss of reputation. What can this innocent third party do to compel the court to correct the record? The court seems to have picked the address from a public database without comparing dates of birth, drivers license numbers and other uniquely identifying information. Has the court committed libel or some other Tort for harming the reputation of the innocent party with the same name as the defendant?
State/Country relating to Question: Texas Already Tried: I have asked the court to remove the incorrect address from its records and to explain exactly how it made the mistake.
If it were a private entity that committed this oversight it would likely be actionable, however since it was committed by the judiciary, your recourse is to contact the clerk's office to resolve the matter.
I have contacted the clerk, but have received no reply to my letters, e-mails or phone calls. Must I file a petition of some sort?
Yes, unfortunately that would be the next step. you would file a petition with the clerk's office request that the court issue a declaratory judgement that you are not the same party mentioned in the criminal matter.
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