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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7406
Experience:  Just Answer consultant at Self employed
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I filed a complaint but misspelled the defendant name,

Customer Question

i filed a complaint but misspelled the defendant name
JA: What state are you in? It matters because laws vary by location.
Customer: california then i did an entry for default and it was rejected because the proof of service and name on complaint didnt match
JA: Has anything been filed or reported?
Customer: i tried to serve defendant with default but came as hes moved
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Legal
Expert:  legalgems replied 1 month ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 1 month ago.

Misspellings are rather common and won't invalidate an action.

There are 2 options:

1. refile the default papers so that the name on the default papers mirror the complaint

2. amend the complaint, and then file the default.

If the defendant has moved, one will need to locate him/her in order to serve them. A process server can be hired to locate the defendant.

If the defendant cannot be located, service can be made by publication (ie newspaper) after court permission is received.

information on that here

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 1 month ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!