Summons Served To Wrong Person Same Name
Description
How to fill out Notice - Served With Complaint And Summons?
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FAQ
If the papers are not served in the correct way at the correct time, the court cannot go forward with the case. A person is served when they officially receive the papers. Papers which start an action (Summons, Petition, Order to Show Cause, etc.) must be filed first and then served on the other person(s).
While process servers can't enter a locked building without permission, they might leave a legal document attached outside your door if it doesn't show the content. In most cases, a process server will return if you aren't home or wait for you to leave to catch you while walking down the street.
If you are the wrong defendant identified in a debt collection lawsuit, it is important to take action and file a motion to dismiss with the court. You should also proactively reach out to the plaintiff (typically the debt collection company) and explain the oversight.
Clerical errors very rarely result in the dismissal of a case. In almost all cases, the judge will allow the charge to be amended to correct the error. Occasionally, a clerical error can result in a finding of not guilty.
A civil warrant, attachment or any other leading process used to initiate an action in general sessions court and subpoenas or summons may be served by any person designated by the party or the party's attorney, if represented by counsel, who is not a party to the action and is not less than eighteen (18) years of age.