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Question

I have been served a summons apparently for a credit card debt at an address I lived at in 1997. I was seperated at the time and was still using my married name although the summons is for my maiden name although it is spelled wrongly. A judgement was also made against me in 1996 for this same debt yet I never received a summons, this I am told is because they had sent the summons to the address of 1997 to which the letter waas never returned, so they applied for an alternative services order, which meant I knew nothing about this and a judgement was made. If the spelling of the name is wrong on the summons can a judgement be made against you?

Submitted: 306 days ago.
Category: Legal
Value: $20
Status: CLOSED

Accepted Answer

Thank you for using JustAnswer!

The short answer is "yes" a judgment can still be made against you even though there may have been a clerical spelling error in the court papers. It happens frequently.

If the error is brought to the attention of the attorney, they can file a simple motion to amend all the court paperwork to list the properly spelled name. The judge will grant the motion.

In other words, a clerical spelling error does not invalidate the judgment or enforcement of it.

I hope that you find this information to be helpful and this answer to be ACCEPTable!

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Expert: JB Umphrey
Pos. Feedback: 97.7 %
Accepts: 
Answered: 1/19/2009

Attorney

Michigan lawyer who explains basic criminal, consumer, and contract-related matters.

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