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We were served with an eviction summons with the names on…

We were served with...

We were served with an eviction summons with the names on the summons are incorrect how do I respond to the complaint

Lawyer's Assistant: Where is the property located?

Port St. Lucie Florida

Lawyer's Assistant: Has any paperwork been filed?

Yes I have to respond by Wednesday

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, it was a summons for a fiction and a complaint for unlawful detainer

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Answered in 2 minutes by:
9/25/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,151
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

.

Are the names completely wrong, as in John vs. Chris or are they wrong as in Jon vs. John?

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What is the basis of the complaint.... failure to pay rent or some other violation of the lease?

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
My last name is ***** ***** my son's first name is ***** ***** and the last name is ***** ***** legal last name. Also the street is spelled wrong

Ok, you can try an object to the complaint being filed, but you would have to go to court to do so in front of the judge. But realistically, the judge would just amend the complaint to correct the misspelling. A case only gets thrown out for something like this on TV because in real life, they just correct the errors and go on with the case if there is a legitimate underlying ground for the complaint..

.

But this actually could benefit you if the landlord does have legal grounds because it wouldn't show up under your correct name if he gets a judgment against you..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,151
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 months ago
We made an oral agreement on September 1 that I could stay till December 1 and then on September 15 my boyfriend filed the evection summons and complaint for unlawful detainer. I'm not certain how to reply or what my affirmative defenses would be. Or how to mention the miss spelling of the names
Joycelaw
Joycelaw, Attorney
Category: Real Estate Law
Satisfied Customers: 118
Verified
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Barrister
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Satisfied Customers: 42,151
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Experience: 17 years real estate, Realtor. Landlord 26 years

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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