Can I refuse a summons, claiming I am not the person, IF my name is spelled incorrectly on the summons
Asked on 12/17/09, 9:28 am
2 Answers from Attorneys
Dipo Akin-Deko
Akin-Deko Professional Services Firm PLLC
A summons is for the purpose of giving a party notice of a legal proceeding. If you are aware that it is summons is for you then you are on constructive notice. There are very few misspellings that would be a defense in court. What you don't want to happen is a default judgment against you.
Answered on 12/22/09, 9:39 am
G. Joseph Holthaus III
Law Offices of G. Joseph Holthaus
You could refuse the summons but this defense may not work and could preclude you from later raising other viable defenses. Rather than refuse the summons, if you know you are facing a legal matter you should take advantage of this time to contact an attorney and have a defense prepared.
Answered on 12/22/09, 2:53 pm
